DEPARTMENT OF TRANSPORTATION [67 PA. CODE CHS. 177 AND 178] Enhanced Emission Inspection Program [27 Pa.B. 5010] The Department of Transportation (Department), Bureau of Motor Vehicles (Bureau), by this order adopts amendments by deleting the substance of the existing Chapter 177 and by reestablishing the chapter to enable the Commonwealth to create and maintain an annual, decentralized vehicle emission inspection and maintenance (I/M) program which meets Federal requirements, and by deleting the centralized vehicle emission inspection program appearing in Chapter 178 (relating to enhanced emission inspection) to read as set forth in Annex A. Notice of proposed rulemaking was published at 26 Pa.B. 1221 (March 16, 1996), with an invitation to submit written comments.
Comments Received
The Department received comments from the Independent Regulatory Review Commission (IRRC), the Environmental Protection Agency (EPA), the Pennsylvania Automotive Association (PAA) and the I/M Working Group, an informal group convened by the Department. The following is a summary of the comments received and the Department's response:
(1) IRRC was concerned that many aspects essential for ultimate compliance with the Federal 1990 Clean Air Act (Clean Air Act), as amended by Pub. L. No. 101-54, 104 Stat. 2399--2712 (42 U.S.C.A. §§ 7401--26718), were outside the control of the Department. Of particular concern to IRRC was that the amendments are dependent upon a sufficient number of emission inspection stations participating to handle all subject vehicles at a reasonable, market driven price. IRRC was concerned that the amendments do not clearly explain how many manufacturers the Department anticipates will be available to supply the required equipment, the anticipated affordability of equipment for inspection station owners, or how many emission inspection stations the Department anticipates will be needed in each affected area for market forces to keep prices low. IRRC recommended that the Department explain how these amendments will be reasonably implemented, in accordance with section 5(e)(3)(iv) of the Regulatory Review Act (71 P. S. § 745.5(e)(3)(iv)).
There are five potential suppliers of emissions testing equipment known to the Department. During the pendency of these amendments as proposed, the Department convened several meetings with these manufacturers to advise them of the Commonwealth's program parameters. The Department worked with them on developing equipment which would be both readily available and affordable. The Department advised the manufacturers of both the geographic coverage of the program, the anticipated number of subject vehicles required to be tested on an annual basis and the number of stations currently participating in the Commonwealth's current basic I/M program. The equipment suppliers are fully aware of the enhanced I/M start-up needs. The Department has no reason to believe that the equipment suppliers will not cooperate in seeing that the enhanced I/M program is able to commence timely. Moreover, the Department believes that many service stations, independent garages, dealerships and other interested entities, will elect to participate in the program because it is market-driven, that is, there is a need for the services to be provided, and the appropriate test fee will be determined by market forces and competition, just as it is in the safety inspection program.
The Department also has been meeting informally with an I/M Working Group, made up of representatives from the Service Station Dealers, the Automotive Repair Association, the Automotive Service Association of Pennsylvania, the Automobile Association of America (AAA), the Department of Environmental Protection (DEP) and the EPA. The I/M Working Group shares the concern of IRRC about affordability of the testing equipment and has looked past just simply affording the equipment at the outset but also whether the independent test and repair station can afford to stay in the program, given the costs of service commitments and the like.
The Department shares these concerns. Accordingly, the Department has amended these final-form regulations to set forth criteria which equipment manufacturers will have to meet for the Department to approve or certify their equipment for sale in this Commonwealth.
The criteria are in § 177.501 (relating to equipment approval procedures). The criteria are as follows:
(1) Equipment manufacturers or providers, or both, or leasing companies shall offer, as an option, extended lease arrangements of up to 10 years.
(2) Equipment manufacturers or providers, or both, must offer a fee per test financing option.
(3) Equipment manufacturers or providers, or both, shall provide for installation at the request of an individual emission inspection station purchasing equipment.
(4) The equipment manufacturers or providers, or both, shall use equipment which is certified to meet California BAR Standards and is modified to meet the requirements of this chapter. Equipment for final approval must perform Commonwealth test procedures and protocols.
(5) Equipment manufacturers or providers, or both, must clearly identify features that it may list as an option and are essential for program compliance.
(6) Equipment manufacturers or providers, or both, must receive prior approval from the Department for any costs associated with software updates.
The Department expects that these criteria for equipment certification will encourage equipment manufacturers to participate in the enhanced I/M program while at the same time reassuring independent emission inspection stations that the equipment provider is responsible and responsive to their needs.
(2) The I/M Working Group commented that many of the existing emission testing stations will continue to participate in the new enhanced emissions testing program because of the coordination with the safety inspection program and the removal of the cap on test fees. The safety inspection program, another inspection program managed by the Department, operates successfully with a market-driven fee. The Department expects market competition to keep the emissions test fee low.
However, the I/M Working Group noted that requiring the emissions test to have been performed, passed or waived, or both, before a safety sticker can be placed on the vehicle could effectively put smaller safety inspection stations that choose not to participate in the enhanced emissions inspection program out of business. The I/M Working Group requested that the Department investigate other coordination methods to maximize the continued existence of safety inspection stations. The Department agreed to find a way to permit safety inspection stations that choose to not participate in the enhanced I/M program to still be able to perform safety inspections. The goal of the Department was to maximize participation in the enhanced I/M program, not put other stations out of business, and, at the same time, not compromise the integrity of the enhanced I/M program.
Accordingly, the Department amended proposed § 177.51(c) (relating to program requirements) to state that a safety inspection certificate may not be affixed to a vehicle subject to an enhanced inspection until the subject vehicle has passed an emission inspection or received a waiver. Further, the Department has amended Chapter 175 (relating to vehicle equipment and inspection) to accommodate nonparticipating safety inspection stations to permit them to perform safety inspections before the emission inspection. See 27 Pa.B. 5003 (September 27, 1997).
(3) IRRC expressed concern over how the Department is going to fund the initial implementation of the enhanced I/M program, and opined that it could not ascertain from the proposed rulemaking whether there is adequate funding for training, enforcement or for pursuing a contract for program evaluation. IRRC agreed that the Department should pursue a sticker fee to substantially cover the costs of the I/M program. IRRC recommended that the final-form regulations submittal should clearly explain the method of funding that the Department will utilize to ensure adequate funding for training, enforcement and for pursuing a contract for program evaluation.
The Department no longer intends to pursue enabling legislation to charge vehicle owners a sticker fee. Instead, the Department encumbered sufficient moneys to fund a contract to be awarded to an enhanced I/M program manager as well as other miscellaneous costs associated with implementing the enhanced I/M program. The availability of the enhanced I/M program manager request for proposal (RFP) was published at 26 Pa.B. 6245 (December 28, 1996). Responses to the RFP were received March 31, 1997; a successful proposer was selected for contract negotiations; and a contract was executed with MCI Technologies, Inc., on July 9, 1997.
The tasks required of the enhanced I/M program manager include, inter alia, training, enforcement and program evaluation. The Comptroller's office would not permit the Department to execute the contract until funds were encumbered for the first year of the program.
(4) The EPA commented that the proposed I/M rulemaking did not contain mandatory technician training and certification (TTC) for all 25 affected counties, even though the modeling submitted in support of the March 27, 1996, State Implementation Plan (SIP) submittal did contain TTC. The EPA therefore requested that the Commonwealth either modify its modeling submission or ensure that the final enhanced I/M regulations were consistent with the modeling.
The I/M Working Group also commented on certifying repair technicians. Effective repairs are the key to achieving the goals of the enhanced I/M program. Emphasizing training requirements increases the probability that vehicles that need repairs will in fact be repaired. The I/M Working Group strongly recommended that repair technicians be certified by the Department, recognizing that the certification would serve to enhance the professionalism of the automotive repair industry. The Department agrees. Only certified repair technicians will be authorized to deliver waivers for vehicles which do not or cannot pass the required emissions test.
The Department agrees that the TTC should be a mandatory element of the program. Section 177.106 (relating to repair technician training and certification) has been amended by adding certification requirements and standards. These include completion of a certified repair technician training course, approved by the Department. Certified repair technicians must pass a required written test administered by the Department or its agent.
(5) IRRC also commended the Department for seeking statutory authority to conduct the EPA required visual inspections. At the time of publishing the proposed amendments, the Department had been concerned that the act of February 10, 1994 (P. L. 10, No. 2) (Appendix, Title 75, Vehicles, Supplementary Provisions of Amendatory Statutes), which deleted a reference to antitampering checks, by implication meant that the Department no longer had the specific authority to conduct visual inspections. There may be some technical differences between an antitampering check and a visual inspection, but both essentially function in the same manner. The Department had expected that it might be necessary, to avoid any confusion, to seek additional statutory authority to require visual inspections. However, the Vehicle Code, at 75 Pa.C.S. § 4706(b.2) (relating to prohibition on expenditures for emission inspection program), permits the Department to adopt, as part of the emission program, a provision so long as it is not more stringent or restrictive than that required by the Clean Air Act. Since the EPA regulations require that a visual inspection be part of the enhanced emission inspection, the Department believes that it has the requisite statutory authority to conduct visual inspections as part of the enhanced I/M inspection. Thus, § 177.51(l) has been amended to add the visual inspection component of the enhanced I/M test. Section § 177.204(d) (relating to emission standards) has been amended to include a visual inspection. This language had been published with the proposed amendments. The Department received no objections to this language.
(6) IRRC had several comments concerning the definitions. IRRC commented that in the definition of ''general emission inspection station'' it should be made clear that appointments as an emission inspection station are made by the Department. The Department agrees to clarify that the appointment of general, Commonwealth or fleet emission inspection stations are made by the Department.
IRRC also commented that the term ''general'' is extraneous to an emission inspection station. However, the Department respectfully disagrees with this recommendation. The term ''general emission inspection station'' is used to distinguish it from an emission inspection station that has been licensed as either a ''Commonwealth emission inspection station'' or a ''fleet emission inspection station.'' A Commonwealth emission inspection station, by definition, can perform emission inspections only on vehicles owned by and engaged exclusively in the official duties of the Federal government, the Commonwealth or a political subdivision of the Commonwealth. A fleet emission inspection station is a station appointed to inspect a minimum of 15 vehicles leased or owned and registered in the name of the person in whose name the certificate of appointment is issued. Thus, neither Commonwealth nor fleet emission inspection stations can perform emission inspections on private vehicles. In contrast, a general emission inspection station is a station appointed to conduct emission inspections on all subject vehicles, including fleet, government and private vehicles. These definitions are also used in Chapter 175. To preserve continuity between this chapter and Chapter 175, the Department is using these terms and definitions. The Department has found, in its imposing sanctions on safety inspection stations, that the courts find the distinction of these terms to be helpful in its review of these matters before them.
IRRC also recommended including a definition of the term ''HC--Hydrocarbon'' and to clarify the definition of ''implement of husbandry'' to ensure that it is consistent with the definition contained in 75 Pa.C.S. § 102 (relating to definitions). The Department agrees to make these changes in this final-form regulations.
IRRC also recommended that the definition of ''registration recall'' be amended to delete the phrase ''for an indefinite period'' because it is vague and extraneous. The Department agrees that this phrase is unnecessary and has agreed to delete it.
IRRC also recommended ensuring that the definitions of ''special mobile equipment'' and ''VIN--vehicle identification number'' be consistent with the definitions already contained in the Vehicle Code. Inasmuch as the definitions were intended to be the same as those contained in the Vehicle Code, the Department has agreed to make these changes.
(7) IRRC commented, with respect to § 177.52(2) and (3) (relating to emission inspection prerequisites), that it would not be administratively feasible for the Department to require emission stations to collect the late fee. IRRC observed that the current safety inspection program also managed by the Department does not assess late fees. IRRC therefore recommended that the Department consider deleting the requirement in the final-form regulations. The Department agrees with this recommendation.
(8) IRRC commented on § 177.52(4). IRRC was concerned with the reasonableness of the proposed requirement because it was not convinced that inspection stations have the ability to ascertain the information concerning every manufacturers's recall notice for every make and model of vehicle. IRRC recommended that the Department delete this requirement from this rulemaking, reasoning that when the database with the necessary recall notice information is readily available to each emission inspection station, the Department then implement this requirement through a future proposed rulemaking.
The Department respectfully disagrees with this recommendation. Federal regulations at 40 CFR 51.370 (relating to compliance with recall notices) requires that procedures used to incorporate recall information and methods for tracking and enforcement be detailed in the SIP. This is required even though neither the Department nor the EPA can determine, at this time, a definite source of emission-related manufacturer recall notice information that will be readily available to each emission inspection station. However, the Department has modified the language contained in these final-form regulations to require that when the EPA National recall data base with the necessary recall notice information is available to the Department, a vehicle owner or operator of a subject vehicle targeted for a voluntary or mandatory manufacturer's applicable emission recall notice shall present proof of compliance with the recall notice to the emission inspection station before the enhanced emission inspection begins. The Department believes that this modification addresses IRRC's concern because it does not obligate the emission inspection station to provide recall information until the EPA has provided the Department with the necessary information.
(9) IRRC observed that § 177.101 (relating to subject vehicles) lists exempted vehicles operated or registered with a specific designation. Section 177.101(c)(4) exempts classic or antique motor vehicles but the list of exempted vehicles does not include collectible motor vehicles. IRRC believes that the amendments should exempt collectible motor vehicles because of their limited use, their specific designation and their statutory similarity to classic and antique motor vehicles. The Department agrees, and has modified the amendment accordingly. The Department also has defined ''collectible motor vehicles'' within § 177.3 (relating to definitions) of the final-form regulations consistent with 75 Pa.C.S. § 102.
(10) IRRC noted that § 177.204 (relating to emission standards) as proposed did not specify what levels of HC, CO and NOx must be met for vehicles tested under the Acceleration Simulation Mode (ASM) test, and recommended that the Department include the appropriate data when finalizing the regulations. The Department agrees. The levels are specified in Appendix A, Acceleration Simulation Mode: Pennsylvania Procedures, Standards, Equipment Specifications and Quality Control Requirements, which follows this final-form regulations as part of the equipment specifications and standards. The levels of HC, CO and NOx which must be met for vehicles tested under the ASM test protocol will be available automatically to the emission test inspector at the time of the test by the software program contained in the test protocol.
(11) IRRC pointed out that the subsections of § 177.405 (relating to emission inspection areas) use the terms ''emission inspection'' and ''enhanced emission inspection,'' but was not clear if the Department intended to distinguish between the two terms. IRRC recommended that the Department either use consistent language throughout the chapter or clarify the difference between the two terms by using separate subsections in § 177.405 and add appropriate definitions to § 177.3.
The Department agrees. When the enhanced emission inspections begins, there will be two levels of tests performed. Enhanced tests will be performed in the counties of Beaver, Allegheny, Washington, Westmoreland, Bucks, Montgomery, Philadelphia, Delaware and Chester. However, the counties of Lehigh and Northampton, which currently operate a basic emissions program, will be required to upgrade to the enhanced I/M tests in November of 1999. This means that the current emissions tests performed in those counties will continue to be performed until November of 1999. Inasmuch as the existing regulations still apply to the areas of Lehigh and Northampton but that these final-form regulations deleted the existing Chapter 177, the Department agrees to distinguish between ''enhanced emission tests'' and ''basic emission tests'' where applicable throughout this final-form rulemaking. When the term ''emission inspection'' is used, it refers to both the basic and enhanced program.
IRRC also questions the need for a separate § 177.405(b). IRRC believes that this requirement is directly related to the provisions in § 177.405(a)(1)--(4), and recommended that the Department combine subsection (b) with the requirements of subsection (a) for the final-form regulations. The Department has acceded to this request.
(12) IRRC commented that § 177.602 (relating to the schedule of penalties for emission inspection stations) penalizes stations for inspecting more than 12 vehicles per hour, but that § 177.408 (relating to certified emission inspectors) specifies that the number of inspections performed by a certified enhanced emission inspector may not exceed four per hour. Given the apparent discrepancy between these two provisions, IRRC recommended that the Department clearly establish the number of inspections that an inspector can effectively perform in an hour and then use that number consistently in §§ 177.408(f) and 177.602.
The Department agrees with this recommendation. The I/M Working Group reasoned that the number of inspections that could be performed in an hour depended on whether the emissions test performed was a basic test, a PA97 test or a PA97 with ASM test. The I/M Working Group recommended that the number of inspections performed by a certified enhanced emission inspector not exceed more than 12 per hour per utilizing the basic or PA97 or more than six per hour utilizing the PA97 with ASM. The Department has adopted this recommendation in § 177.408(g).
(13) IRRC believed that two clarifications were needed in § 177.421(b)(5) (relating to obligations and responsibilities of station owners/agents). IRRC noted that § 177.421(b)(5)(ii) provides that it is not necessary to discontinue inspections whenever a certified inspector or a person authorized to purchase certificates of inspection is dismissed or resigns. Other portions of the proposed amendments make it clear that emission inspections may only be performed by certified emission inspectors. IRRC recommended that qualifying language be added to § 177.421(b)(5)(ii) to provide that it is not necessary to discontinue inspections if an inspector is dismissed or resigns as long as emission inspections are performed by another certified emission inspector. The Department agrees with this change, and has clarified the language in these final-form regulations.
IRRC also noted that § 177.421(b)(5)(iii) and (iv) requires notification to the Department for changes in address or company name respectively, but that this section does not specify a time frame for notification. IRRC recommended that the Department specify that it must be notified within 5 days of the occurrence consistent with other provisions in this section. The Department generally agrees with this recommendation, but believes that imposition of a suspension for failure to notify the Department within 5 days of a change of address or name occasions a penalty that is too harsh under circumstances when the owner is guilty of an inadvertent omission. The Department believes compliance within 15 days is reasonable and has made the requisite change to these final-form regulations.
IRRC commented that § 177.423 (relating to fleet basic and enhanced emission inspection stations) contained a discrepancy. Fleet inspection stations must order a minimum of 25 certificates, even though fleets are defined as being at least 15 subject vehicles. IRRC therefore recommended that fleets of less than 25 not be required to order more certificates than they need, and recommended that the minimum order of certificates for fleet inspection stations be consistent with the definition of ''fleet'' found in § 177.423(a)(1).
The Department respectfully disagrees with this recommendation. For security and cost purposes, the certificates are packaged by the certificate manufacturer in amounts of 25. To permit a fleet inspection station to order less than 25, the Department would have to open up a secure, prewrapped package of certificates, repackage them to meet the numbered ordered and then keep track of the certificates that were not provided to the fleet inspection station. The Department believes that adopting this recommendation would compromise security of the certificates. However, the Department recognizes that some fleet inspection stations may not need all of the certificates ordered. The Department permits these stations to return unused certificates at the end of an inspection cycle for a refund.
IRRC noted that § 177.431(1)(i)(A) (relating to quality assurance) provides that overt performed-audits may include a check for document security. IRRC believes that this provision is vague, and recommended that the Department specify which provisions of the chapter provide the requirements for document security that will be checked. The Department agrees with this recommendation, and has amended § 177.431(1)(i)(A) to include a reference to § 177.425(d) (relating to security).
IRRC has also recommended 12 modifications designed to provide clarity and include the following:
(a) IRRC recommended that the term ''fuel filler cap,'' in § 177.281(4)(ii) (relating to the issuance of waiver) be replaced with the term ''gas cap or fuel tank cap.'' The Department has amended this section to include the term ''gas cap'' when referencing the term ''fuel filler cap.'' The Department desires to continue the use of the term ''fuel filler cap'' because it is a term consistently used throughout the industry, and the Department believes that use of this term will promote ease of understanding.
(b) Section 177.402(d)(1) (relating to application) requires that if the applicant is a natural person, the applicant must be 18 years of age. IRRC believes that the use of the term ''natural person'' is vague, and recommended that the Department clarify its intent. The Department agrees, and has modified the final-form regulations by deleting the word ''natural'' and just requiring the applicant, if a person, to be at least 18 years of age.
(c) IRRC recommends that the term ''hang-up check,'' which is used in § 177.406(b)(2)(ii)(H) (relating to tools and equipment), be defined in § 177.3. The Department does not believe this recommendation should be adopted because ''hang up check'' is a standard term employed in the industry. The Department does not know how to define the term and maintain consistency within the industry. Thus, the use of this term will promote consistency and thus ease of understanding.
(d) IRRC recommended clarifying the meaning of ''bench portion'' as used in § 177.406(b)(2)(i). The Department agrees that the term should be clarified, and has done so by deleting § 177.406(b)(2)(i), moving this section to Appendix B, Department Procedures and Specifications, following these final-form regulations, and providing clarification of ''bench portion.''
(e) Section 177.406(b)(2)(ii) states The system shall automatically enter data indicated-- ''auto.'' IRRC recommended that the Department clarify this sentence to clearly state when and how data will be designated for automatic data entry.
The Department would prefer not to make this amendment. The Department wants to preserve this language, because it has been used in the current basic I/M program since 1984. The industry, to date, has not indicated a problem with this language, and tinkering with the language now may result in misunderstanding. However, the Department has amended § 177.406 by deleting subsection (b)(2)(ii)--(vi), (viii)--(xv) and (b)(3) and reorganizing this material in Appendix B. The information now contained in Appendix B, § 1(a)(2)(ii) (A), (B),(D),(I)--(N) and (S), indicated as (auto), shall be automatically entered into the test record by the analyzer. If the data is not designated as (auto), then manual entry by the emission inspector is required.
(f) IRRC recommended that the Department spell out, in § 177.406(c)(1), the acronym ''NBS.'' The Department agrees with this modification and has indicated in § 177.406(3)(i) that ''NBS'' is the acronym for ''National Bureau of Standards.''
(g) Section 177.408(c)(4) (relating to certified emission inspectors) requires certified emission inspectors to renew their certification every 2 years under procedures established by the Department. IRRC recommended adding a reference to the section that provides the procedures established by the Department. Accordingly, the Department has amended § 177.408(c)(4) to indicate that the emission inspectors must complete a refresher course consistent with the requirements of Appendix B or pass a written test every 2 years.
(h) Section 177.421(a)(3) and (b)(1) (relating to obligations and responsibilities of station owners/agents) provides a responsibility for notification or surrendering of materials. IRRC noted that the rule, as proposed, does not provide a time frame for notification. IRRC therefore recommended that the Department include a requirement for notification, such as within 5 days, in this section. The Department agrees to adopt this recommendation, and has made the requisite change to these final-form regulations.
(i) Section 177.421(b)(5)(i) requires the emission inspection station to report to the Department when certificates of emission inspection are either lost or stolen. IRRC detected an editorial omission of the definite article ''the'' before the event or occurrence. The Department agrees to make this inclusion.
(j) IRRC commented on § 177.502(a)(1) (relating to service commitment) and which requires the manufacturer or distributor supplying equipment for sale, lease or rent to do so as specified by the purchase order delivery date. IRRC believes that the Department intends that the manufacturer or distributor provide service consistent with the purchase orders and not the delivery date. The Department agrees, and has amended § 177.502(a)(1) by deleting the phrase ''delivery date'' from the paragraph.
(k) Section 177.502(a)(5) provides that the manufacturer and distributor visit each station periodically to calibrate equipment in accordance with Bureau procedures. IRRC recommended that the Department include a reference to which Bureau procedures. The Department agrees and has provided a reference to Appendix B within § 177.502(a)(5).
(1) Section 177.602(h) provides a sanction for abandonment of a certificate of appointment whenever the owner of record abandons the place of business or cannot be located. IRRC believes that the section should provide a time frame before making a determination that the owner of record cannot be located. The Department declines to adopt this recommendation, because the owner of record should be able to be located at any time without advance warning or notice. If not, the owner of record is in violation of the terms of the certificate.
Additional Changes and Modifications
The final text of these final-form regulations contains modifications, deletions and additions not otherwise discussed, none of which enlarges the scope of these amendments as originally proposed, and thus, may be published as final rulemaking. The following represents a summary of the changes:
(1) Section 177.3 has been amended by modifying or adding definitions. The definition for ''ASM'' has been amended by deleting the term ''type of transient'' and replacing it with ''one mode,'' as well as adding the term ''ASM 5015.'' This change was made to more accurately reflect the type of emission testing that will be performed in the five county Philadelphia area.
The term ''BAR90,'' a term of the California Bureau of Automotive Repair, has been amended to read ''BAR97,'' as well as to reflect that California considers both the analyzer and a dynamometer as the BAR97 test system.
A definition of ''basic emission inspection program'' has been added to the definitions. In the fall of 1997, there will be three different types of emissions tests performed, depending on the area, and this definition has been added to clarify what type of test will be performed in Lehigh and Northampton Counties until 1999.
The definition of ''certificate of emission inspection'' has been amended by adding a sentence stating that the certificate is also referred to as a sticker. This change was made to avoid confusion, as both terms are used interchangeably in this chapter and in the industry.
A definition of ''certified repair technician'' has been added. This change was made to identify those individuals who have provided proof to the Department of completion of Department or Nationally recognized emission component repair training and therefore are authorized to process requests for and to deliver waivers issued by the Department or a single contractor in the enhanced I/M program.
A definition of the term ''collectible motor vehicle'' has been added. This change was made to be consistent with the definition contained in 75 Pa. C.S. § 102.
A definition of the term ''gas cap test'' has been added. This test is one of the evaporative system function test that will be performed in the enhanced I/M program.
The definition of ''I/M area'' has been amended by adding the phrase ''or basic'' before enhanced, to indicate that both types of emissions programs will be occurring in this Commonwealth for a certain period of time.
Definitions for ''PA97'' and ''PA97 with ASM'' have been added to identify how the Commonwealth is identifying its enhanced programs.
The definition of ''quality assurance officer'' has been amended to reflect that the quality assurance officer will no longer investigate, inspect or supervise the operations of contractor operated emissions stations because there are no contractor operated enhanced emission stations. Quality assurance officers investigate, inspect and supervise the operations of all emissions inspection stations, including vehicle dealers authorized to issue new vehicle emission certificates. These changes were made because this language was a remnant from the former centralized I/M regulations, and are not applicable to a decentralized program.
The definition of ''recognized repair technician'' has been deleted. This change was made because the Department is adding a definition for ''certified repair technicians,'' who will be authorized to deliver waivers issued by the Department or a single contractor. The Department will not be recognizing repair technicians in the enhanced I/M program.
The definition of ''registration recall'' has been amended by deleting the phrase ''for an indefinite period.'' This change was made to eliminate any confusion over the length of time the registration recall can last.
The definition of ''special mobile equipment'' was amended by adding the term ''but not limited to'' before listing which vehicles the Department considers special mobile equipment. This change was made to make the definition consistent with the definition in the Vehicle Code.
The division title of the Vehicle Control Division was changed to the Vehicle Inspection Division, the name of the division within the Department which administers vehicle equipment and inspection matters.
A definition of the ''VIID--the Vehicle Inspection Information Data base'' was added. The VIID is the computer database established to collect inspection test data and to provide enhanced emission inspection test standards to enhanced emission inspection stations for the purpose of conducting the appropriate emission inspection.
The definition of ''VIN'' was amended by deleting the term ''for registration.'' This change was made to make the definition consistent with the definition contained in the Vehicle Code.
(2) Section 177.21 (relating to cessation of current vehicle emission inspection program) has been modified to identify which counties are to cease the current basic program. Subsection (b) was added to identify that the counties of Lehigh and Northampton will continue with the basic emission inspection program until November 15, 1999. This change was made to provide clarity as to the scope of the basic and enhanced emission program.
(3) Section 177.22 (relating to commencement date) has been modified by adding that the enhanced program will begin on the date established in the Pennsylvania Bulletin or on November 15, 1997, in the five county Philadelphia area and the four county Pittsburgh area and on November 15, 1999, in the remaining counties subject to the I/M program. This change was made at the request of the EPA.
(4) Section 177.23 (relating to notification of requirement for emission inspection) has been modified by inserting the term ''or basic'' after the word ''enhanced.'' This change was made to differentiate between the two programs that must be maintained until 1999, after which there will be only one program, the enhanced I/M program.
(5) Section 177.24 (relating to program evaluation) was added to indicate that a program evaluation that meets EPA requirements will be performed with data submitted on a biennial basis. This addition was made to fulfill one of the conditions imposed by the EPA for approval of the Enhanced I/M SIP.
Section 177.51(c) has been amended by inserting the words ''certificate'' and ''enhanced'' in the second sentence. A safety inspection certificate or sticker for a vehicle subject to an enhanced emission inspection may not be affixed until the subject vehicle has passed an emissions inspection or received a waiver. This requirement only applies to the enhanced program.
Section 177.51(e) has been amended to include the standards for the basic I/M program as well as the enhanced program. This change was made because both emissions programs will be operating in this Commonwealth for a certain time period. A sentence also was added to indicate that the current model year is exempt from emissions testing as are vehicles that are driven less than 5,000 miles per year.
Section 177.51(f) has been amended by deleting the substance of proposed paragraphs (1) and (2) and by reestablishing the information to differentiate between the PA97 with ASM test in the five county Philadelphia area, the PA97 test in the four county Pittsburgh area and the basic I/M program in Lehigh and Northampton. A description of evaporative system function tests was included at § 177.51(g). These tests, which will be performed when the EPA and the Department agree on appropriate procedures, will check the integrity of the fuel system. Former subsections (g)--(l) were renumbered to accommodate these changes.
Section 177.51 has been amended by adding a new subsection (l), which describes the visual inspection to be performed in the enhanced program. This change was made to be consistent with the EPA statutory requirements found in 42 U.S.C.A. § 7511a(c)(3)(B).
Proposed § 177.52 (relating to emission inspection prerequisites) has been deleted in its entirety and reestablished to require that when the EPA National recall database with the necessary recall notice information is available to the Department, the inspection stations shall check the required information. This change was made at the suggestion of IRRC to be consistent with 40 CFR 51.370 (relating to compliance with recall notices).
Section 177.53(2) (relating to the vehicle inspection process) has been modified by deleting the phrase ''an emission inspection test report indicating which phases of the emission inspection that the vehicle failed'' and replacing it with the phrase ''software generated interpretative diagnostic information form based on the particular portions of the test that failed.'' This change was made to be consistent with how the emission tests will be performed in this Commonwealth.
(6) Proposed § 177.101(a) (relating to subject vehicles) has been deleted and reestablished to add provisions to differentiate the model years that are subject to the basic I/M program and the model years that are subject to the enhanced I/M program. The proposed amendments only dealt with the enhanced I/M program. In addition, collectibles were added as vehicles exempt from emissions testing requirements.
Also exempt are buses with a seating capacity of 16 or more; vehicles being driven or towed for the purpose of inspection; new vehicles while they are in the process of manufacture; and vehicles driven less than 5,000 miles per year.
(7) Section 177.103 (relating to used vehicles after sale or resale) has been amended to reflect that this section refers only to used vehicles after sale or resale. This change was made because new cars, that is, current model year vehicles, are exempt from emission testing for one year. Used vehicles are exempt from emission testing only for 10 days after resale.
(8) The substance of proposed § 177.106 has been deleted and the substance of § 177.107 (relating to repair technician training) has been moved into § 177.106. The provisions relating to technician training have been further amended by deleting subsection (a). A new subsection (a) was established to authorize certified repair technicians to process requests for and deliver waivers. Until April 1, 1998, person recognized prior October 1, 1997, by an automotive manufacturer, the National Institute for Automotive Service Excellence or other training approved by the Department and certified emission inspectors may process requests for and deliver waivers. At the conclusion of the initial 6 months following October 1, 1997, only certified repair technicians who qualify under § 177.106(b)--(d) may process requests for and deliver waivers.
(9) Section 177.201 (relating to general requirements) has been amended to indicate that the standards and requirements spelled out in this section apply also to the evaporative system function tests. This change was made to accurately reflect what these tests are and how they are to be performed. Section 177.201(4) has been amended to reflect that tests involving measurements may also be performed with approved equipment calibrated as delineated in Appendix A appearing at the conclusion of this chapter. This change was made to advise the regulated industry that the Commonwealth may have specified alternate calibration requirements because the Department considered Federal specifications to be onerous or too costly and unnecessary.
(10) Section 177.202(a) (relating to emission test equipment) has been amended by adding the words ''basic and enhanced'' before emission test, as well as indicating that the test equipment will either be certified to meet applicable EPA requirements or the performance standards of California BAR97 as they apply to the PA97 analyzer and Appendix A. Changes were made to advise the regulated industry that the Commonwealth may incorporate modifications to the steady-state short test equipment. Some of the California BAR97 standards are not applicable to the Commonwealth's program. Section 177.202(b)(2) has been modified with the addition of the phrase ''real time'' before data link. This change was made to comply with 40 CFR 51.368(b)(2) (relating to public information and consumer protection) (''Test systems in enhanced I/M programs shall include a real-time data link to a host computer that prevents unauthorized multiple initial tests on the same vehicle in a test cycle and to insure accuracy.'') ''Real time'' is a process wherein the data is immediately transmitted to a central data base as opposed to being stored and transmitted at a later time.
Section 177.202(c) has been restyled as ''test equipment for acceleration simulation mode (ASM) emission testing.'' Further, the substance of the subsection reflects this amendment since the Commonwealth will not be performing transient testing in the five county Philadelphia area, but instead will be performing ASM testing as specified in Appendix A at the conclusion of this chapter. Neither the PA97 or PA97 with ASM is a transient test. Section 177.202(d) has been restyled as ''one-speed idle test equipment.'' The subsection has also been amended to reflect that affected model year vehicles have been changed from 1968--1981 to 1975--1980. These changes were made to accurately reflect the basic emission test. Section 177.202(e) has been amended to include a reference to model years 1981 and newer vehicles as well to referring Appendix A of this chapter for additional test equipment specifications. These changes were made to accurately reflect the tests that will be performed in this Commonwealth.
(11) Section 177.203 (relating to test procedures) has been reorganized to delineate the test procedure for the basic I/M program in subsection (a) and to outline the test procedures for the enhanced emission inspection program in subsection (b). This amendment has been made to distinguish the test procedures which will co-exist for a 2-year period of time.
(12) Section 177.203(b)(3) has been added to the final-form regulations. This paragraph spells out that evaporative system function tests include a pressure test and a purge test for 1981 and newer model year vehicles and will be administered in the five-county Philadelphia area when the EPA and the Commonwealth agree that these tests can be effectively performed. A new subsection (b)(4) has been added to include provisions on subsequent approval by the EPA of other emission test equipment or test procedures. In that event, the Department may adopt the subsequently approved emission test equipment or procedures.
(13) Section 177.204 has been amended by reorganizing the section to differentiate between the idle test standards applicable in the basic I/M program area, and the idle and ASM test standards applicable in the enhanced I/M program area, idle and ASM test standards. This section shows the cutpoints, that is the level of emissions of HC and CO, for the idle tests. Cutpoints for the ASM tests are contained in Appendix A. This section has been amended further to add provisions for model year coverage for pre-1968 through 1974 vehicles which are covered in the basic I/M program. In addition, standards for the three evaporative system function checks--pressure, purge and gas cap test--have been added to § 177.204(b)(3). Provisions for a visual inspection have been added in § 177.204(b)(4). These provisions require the test inspector to perform an examination through direct observation or indirect observation of, among other things, the catalytic converter, fuel inlet restrictor and evaporative control system components.
(14) Section 177.206 has been reserved for evaporative system purge tests. The EPA is having difficulty in developing either tests or standards that are workable. Until the EPA resolves these issues to the Department's satisfaction, this section will remain reserved.
(15) Section 177.252 (relating to emission inspection test report) has been amended by deleting the section as originally proposed and by reorganizing the section to include additional information from § 177.406. The section now contains a subsection (a) which includes a description of the required test report for the basic I/M program. Subsection (b) includes the requirements for the enhanced I/M program test report. Both of these inspections reports would include, but not be limited to, gross vehicle weight rating, the estimated weight of the vehicle, the engine size and inspection type, the name, address and number of the testing station.
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[Continued from previous Web Page] (16) Section 177.253 (relating to responsibility of the station owner for vehicles which fail the I/M test) has been reorganized to provide the correct name of the division within the Department, that is the Vehicle Inspection Division and not the Vehicle Control Division, to initiate the consumer complaint procedure. Aggrieved motorists may, as an alternative, also continue to consult with the Quality Assurance Officer. This section also has had provisions added which address how owners or operators of vehicles that fail the I/M test may challenge the results of the emission inspection. These additions were made to advise the motoring public that there are options if they believe an emission inspection was performed improperly for any reason.
(17) Section 177.272 (relating to prerequisites) has been amended to indicate that that repair data form is a diagnostic information repair data form and that it be completed and presented to the inspection station as a prerequisite for a retest.
(18) Section 177.274 (relating to retest fees) has been amended to clarify that the retest is free only if the vehicle is returned within 30 days to the emission inspection station that performed the initial inspection. Provisions addressing a referee test have also been added as another avenue of redress for aggrieved motorists. If a referee test is requested after the vehicle has failed the free retest and the vehicle fails the referee test, the vehicle owner or operator shall pay for this test and any subsequent retests.
(19) Section 177.281 (relating to issuance of waiver) has been amended by relieving the emission inspection station of the responsibility of issuing a certificate of inspection, under the conditions spelled out in this section and Appendix A of this chapter and places this duty upon the Department or a single contractor. This change was made to comply with 40 CFR 51.360(c)(1) (relating to issuance of waivers and compliance via diagnostic inspection).
(20) Section 177.282 (relating to annual adjustment of minimum waiver expenditure for enhanced emission inspection areas) has been restyled to reflect that the annual adjustment will apply to the enhanced emission inspection program, consistent with 42 U.S.C.A. § 7511a(c)(3)(C)(iii).
(21) Section 177.291(c) (relating to certificates of emission inspection procedures) has been deleted and proposed subsections (d)--(k) have been renumbered accordingly. This subsection has been deleted because the Department believes that, in this section, it is misleading and vague.
(22) Section 177.292 (relating to recording inspection) has been amended to differentiate the basic inspection program areas from the enhanced inspection program areas by indicating that the certificate of waiver provision appearing in subsection (c) of the proposed amendments applies to basic inspection areas. Further, the subsection has been amended to reflect that the enhanced I/M program will use an electronic waiver process.
(23) Section 177.401 (relating to appointment) has been amended to reflect that the provisions of this section apply to both the basic emission program and the enhanced I/M program. Further, § 177.401(b) has been amended to clarify that the section cited therein is to the Vehicle Code.
(24) Section 177.403(a) (relating to approval of emission inspection station) has been amended to indicate that the inspection station investigator will not be performing the investigation for approval, but instead this responsibility will be handled by the quality assurance officer or other authorized Commonwealth representative or agent. The Department no longer uses the terminology ''inspection station investigator,'' and has transferred that function to the quality assurance officer.
(25) Section 177.404 (relating to required certificates and station signs) has been amended in paragraph (4) to delete a reference to consumer complaint station because there are no consumer complaint stations in the basic emission program or in the enhanced I/M program. Section 177.404(5) has been amended to delineate the correct name of the Department Division responsible for the I/M program, the Vehicle Inspection Division.
(26) Section 177.405 has been amended to delete the term ''enhanced'' at § 177.405(a), because the requirements of the general provisions apply to both the basic and enhanced I/M programs. In § 177.405(2) and (4), the term ''inspection station investigator'' is no longer used by the Department and has been deleted. It has been replaced with the term, ''quality assurance officer.'' The Department changed the reference from § 177.405(b) to § 177.405(5) to be consistent. The substance of § 177.405(b) has been moved into a new paragraph (5). This change was made at the suggestion of IRRC since this rule relates to the other general provisions concerning emission inspection areas. Accordingly, since there is no longer a subsection (b), the subsection (a) is understood and thus deleted.
(27) Section 177.406(a) has been amended by including in the list of required tools, a digital multimeter which is applicable in the enhanced I/M program areas using the PA97 with ASM equipment. Particulars concerning the data to be collected have been deleted and moved to Appendix B. Section 177.406(a)(16), relating to approved inspection and maintenance textbooks and workbooks, has been further amended to permit these textbooks and workbooks to exist on an electronic or computerized medium. Subsection (c) has been renumbered paragraph (3) and a new paragraph (3)(ii) has been added which states that the specifications for the calibration gases for enhanced I/M test equipment are provided in Appendix A.
(28) Section 177.407 (relating to hours of operation) has been amended to specify that stations must be operating 5 days a week except for emission inspection stations owned and operated by more than one owner. The more than one owner exception enables smaller enhanced I/M stations to share equipment and therefore perform emissions inspections. A reference to the term ''inspection station investigator'' has been deleted and replaced with the term ''quality assurance officer.''
(29) Section 177.408(a) has been amended to reflect that basic emission inspectors must also be certified by the Department. Further, § 177.408(c) has been amended to reflect that the rules within this subsection clearly apply to enhanced emission inspections. Additionally, the requirements for inspectors certified to perform enhanced emission inspections will include computer-based training under the supervision of a certified educational instructor as well as the requirement to complete a refresher course every 2 years. These changes were made to enable the Commonwealth to claim the additional credit in its SIP. The substance of the proposed § 177.408(d) has been moved to subsection (e) and the remaining subsections have been renumbered accordingly. The new subsection (d) provides the requirements to be certified to perform basic emission inspections. The new subsection (e), relating to identification, has been further amended to reflect that the rule relating to possession of a currently valid certification card applies to both a basic or enhanced emission inspector. The new subsection (f), relating to names of inspectors, has been amended to apply to all emission inspectors. Accordingly, the name and inspector certification number of a emission inspector must be posted on the current list of emission inspectors in a conspicuous place in an inspection station. The new subsection (g), relating to number of inspections, has been amended to reflect that the number of basic or enhanced one or two speed idle inspections may not exceed 12 subject vehicles per hour. Further, inspections utilizing ASM test procedures and equipment may not exceed 6 inspections per hour.
(30) Section 177.501 (relating to equipment approval procedures) was amended by adding a new designator (a) to the proposed text to provide for interim approval of test equipment used in the basic I/M program, substituting the term ''interim'' for the term ''preliminary,'' and by deleting in subsection (a)(1)(i) references to BAR90 test equipment and Appendix A. Subsection (a)(1) was further amended by deleting subparagraph (iv), relating to interim certification of dynamometers. Subsection (a)(2) was also amended by deleting subparagraph (iv), relating to final approval of dynamometers. These changes were made to reflect that BAR90 analyzers and dynamometers are not required in the basic I/M program.
A new subsection (b) was added to provide for interim and final approval of equipment for use in the enhanced I/M program. Finally, paragraph (3) was renumbered subsection (c) and the phrase ''and dynamometer, if applicable,'' was added to reflect that this subsection applies to both the basic and enhanced equipment approval process.
(31) Section 177.502(a)(2) (relating to service commitment) was amended to delete the word ''enhanced'' to reflect that this section applies to both the basic and the enhanced program. Subsection (a)(2) has been further amended by requiring the provision of onsite inspector training within 7 days of an owner's request, rather than 45 days, and subsection (a)(4) has been amended by adding the phrase ''or leased'' and changing the response time for maintenance from 5 business days to 1 business day. These changes were made because the Department believes that a quick response by the equipment manufacturers and providers to requests from the inspection stations for training and maintenance service is critical to the success of the enhanced program.
Subsection (b), relating to the provision of additional services to inspection stations for a fee, has been amended by moving the original content of paragraph (1) to paragraph (2), moving the original content of paragraph (2) to a new paragraph (3) and reorganizing paragraph (1) with the phrase ''Service faulty equipment.''
Subsection (d) has been added by incorporating new material in the subsection which requires that replacement parts and equipment must be the same as or equivalent to parts or equipment provided by the original equipment manufacturers. This was done to protect the integrity of the enhanced program by ensuring that test equipment would not fail to maintain required accuracy because of the installation of inferior or incorrect parts during repairs.
The proposed subsection (d) was designated and placed in a new subsection (e), and subsection (e)(1), relating to maintenance response time has been amended by changing the requirement for response to a request for maintenance on equipment from 5 business days to 1 business day.
(32) Section 177.503 (relating to performance commitment) has been amended by deleting the term ''licensed'' in subsection (b) and replacing it with the term ''certified'' and deleting the term ''licensed'' in subsection (b)(1) and replacing it with the term ''certified emission.'' This was done to reflect the fact that this regulation provides for the certification, rather than the licensing, of inspection stations by the Department.
Section 177.503 was further amended by adding a new subsection (c), requiring approved service providers other than equipment manufacturers and suppliers to provide a performance bond or other security to be used in the event of nonperformance or default by the service provider. This was done to ensure that all equipment service providers were subject to the same security requirements as the equipment manufacturers and suppliers and to protect inspection stations from faulty service performance by other service providers.
(33) Subsection 177.504(c) (relating to revocation of approval) has been amended to permit the Department to revoke or suspend the approval of other service providers to provide service and parts to certified emission inspection stations. This was done to ensure that other service providers maintained the same level of service required of equipment manufacturers and providers.
(34) Section 177.602 has been revised in chart form and ''Types of Violation'' within each schedule have been numbered for clarity and for ease of use. Section 177.602(a) has been amended by dividing the subsection into paragraphs (1) and (2) which now reflect the schedule of penalties for the basic and enhanced programs. Subsection (b) has been amended by deleting the phrase ''If the owner, manager, supervisor or other management level employe was without knowledge of the violation.'' Subsection (c)(3) has been amended to delete the sentence ''A subsequent violation which occurs while a current suspension is being served will result in a suspension that will run consecutively with the current suspension.'' These changes were made to permit the Department to be more flexible in its management of the schedule of penalties.
Finally, § 177.602 has been further amended by deleting subsection (e), relating to issuance of a consent warning in lieu of a suspension. Subsection (d) permits the issuance of points, rather than a suspension, to an inspection station. The Department believes that the issuance of points provides more flexibility than the consent warning. This will also make these regulations consistent with Chapter 175.
(35) Section 177.603 (relating to the schedule of penalties for emission inspectors) has been revised in chart form and ''Types of Violation'' within each schedule have been numbered for clarity and for ease of use. The section has been divided into paragraphs (1) and (2) to reflect that the schedule of penalties now provides penalties for emission inspectors in both the basic and enhanced programs.
(36) Section 177.604 (relating to schedule of penalties for certified repair technicians) has been amended by moving the substance of the section to § 177.605 and adding the new § 177.604 to provide a schedule of penalties for certified repair technicians. Because the certified repair technician has the privilege of delivering waivers for vehicles, there is an opportunity for fraudulent or careless activity which could impact seriously on the credibility of the Commonwealth's enhanced emission inspection program. Therefore, a means of permitting the Department to suspend or remove the waiver delivery privileges of certified repair technicians was deemed necessary.
Section 177.605 has been amended to include the proposed § 177.604 and the proposed § 177.605 has been amended by renumbering as the new § 177.606 (relating to multiple violation).
(37) These regulations have been amended by the addition of a new § 177.673 (relating to restoration of certification of certified repair technicians after suspension). This section was added to provide a means of restoring certified repair technician privileges suspended under new § 177.604.
(38) These regulations have been amended by adding Appendix A, Acceleration Simulation Mode: Pennsylvania Procedures, Standards, Equipment Specifications, and Quality Control Requirements. The appendix contains equipment and test specifications and standards for Pennsylvania's enhanced emission inspection program.
(39) These regulations have been further amended by adding Appendix B, Department Procedures and Specifications, which contains procedures and standards for the enhanced emission inspection program, including evaporative system function tests and procedures for enhanced emission inspector certification. This appendix also provides emission inspection analyzer specifications for the test equipment used in the basic program.
(40) Chapter 178 which provided rules for a centralized, enhanced emission inspection program, is being deleted since the authority for the centralized regulations has been deleted under the 75 Pa. C.S. § 4706.
Purpose of Chapter 177
The purpose of this chapter is to implement an enhanced emission inspection program as required by the Clean Air Act (42 U.S.C.A. §§ 7401--7671q) and the regulations promulgated thereunder, 40 CFR Part 51 (relating to regulations for preparation, adoption, and submittal of implementation plans).
Purpose of these Amendments
The purpose of these regulations is to differentiate between the two emission inspections that the Commonwealth will have until 1999, a basic I/M program and an enhanced I/M program. The Commonwealth has operated the basic program since 1984. The enhanced I/M program was established to meet EPA requirements and is tailored to meet the unique air quality needs of this Commonwealth. In October of 1997, nine counties are required to participate in the enhanced I/M program, and the remaining 16 counties will participate in the enhanced I/M program in 1999. The enhanced emission inspection program is a vital portion of this Commonwealth's overall clean air strategy, and many of the reductions of volatile organic compounds and nitrogen oxides are associated with the implementation of an enhanced emission inspection program. These amendments are necessary for the Commonwealth to receive final approval from the EPA on its SIP which took credit for the reductions associated with the enhanced inspection and maintenance program.
Persons or Entities Affected
These amendments affect approximately 6.9 million vehicle owners in designated areas of this Commonwealth. These amendments also affect owners and operators of existing emission inspection and repair stations as well as safety inspection stations in I/M areas where emission tests are not performed under the present emission inspection program. Existing safety inspection station owners, operators and mechanics will be able to continue to perform vehicle safety inspections and repairs without being required to also perform emission inspections.
Fiscal Impact
These amendments will impose costs on State and local governments as a consequence of emission inspection and possible repair of their vehicles. Since the Department is not proposing to place a cap on the enhanced emission inspection fee, the initial cost of the fee is estimated to be higher than the current fixed charge of $8 in the Commonwealth's existing emission inspection program. However, because the test fee will be market-driven, just like the test fee in the safety inspection program, the Department believes that market forces will keep the test fees in an affordable range. In addition, there is a higher cost/waiver limit. The cost to the Commonwealth to implement an enhanced I/M program has been estimated for an expanded, decentralized I/M program. First year start-up costs are estimated at approximately $ 10 million and $8 million annually thereafter. All efforts associated with creating and maintaining an enhanced I/M program will be structured to achieve environmental benefits in a cost effective manner, ensuring consistency with National energy and economic policies, while preserving convenience and common sense to the affected vehicle owner. These amendments will not occasion any additional recording or paperwork requirements.
Failure to implement an enhanced I/M program by EPA's target date of November 15, 1997, will result in the imposition of sanctions mandated by the Clean Air Act. There are two sanctions. The first is the loss of Federal highway funds, except for certain specified highway projects. For the Comonwealth, this could mean the loss of up to $900 million per year in highway funding. The second sanction is the requirement for a two-for-one emissions offset for new sources of pollution in areas that fail to meet ambient air standards. That means that if a new factory generating 50 tons of pollutants per year was to be built in an affected area, sources that generate at least 100 tons of pollution would have to be closed. The EPA must impose one of the sanctions initially, upon a finding by the EPA that a state has failed to meet a requirement of the Clean Air Act. The second sanction must be imposed after 18 months if the State has not yet complied with the requirements during that time period. The imposition of either or both sanctions will seriously hinder economic development in this Commonwealth.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on March 4, 1996, the Department submitted a copy of the notice of proposed rulemaking, published at 26 Pa. B. 1221 (March 16, 1996), to IRRC and to the Chairpersons of the House and Senate and Committees on Transportation for review and comment. In compliance with section 5(b.1) of the Regulatory Review Act, the Department also provided IRRC and the Committees with copies of comments received, as well as other documentation.
In preparing these final-form regulations, the Department has considered the comments received from IRRC, the Committees and the public.
These final-form regulations were deemed approved by the House Committee and the Senate Committee on August 18, 1997. IRRC met on August 22, 1997, and approved these regulations in accordance with section 5(c) of the Regulatory Review Act.
Sunset Provisions
The Department is not establishing a sunset date for these regulations, since these regulations are needed to administer provisions required under Federal law and the 75 Pa.C.S. §§ 101--9701 (relating to Vehicle Code). The Department, however, will continue to monitor these regulations for their effectiveness.
Contact Person
The contact person for these amendments is Peter L. Gertz, Vehicle Inspection Division, 3rd Floor, Riverfront Office Center, Harrisburg, PA, 17104, (717) 787-2895.
Authority
The amendments are adopted under the authority contained in 75 Pa.C.S. §§ 4103, 4531, 4701, 4706, 4707 and 6103. These statutory provisions, respectively, direct the Department to promulgate and enforce regulations necessary to implement an enhanced vehicle emissions inspection and maintenance program.
Findings
The Department finds that:
(1) Public notice of intention to amend the administrative regulations adopted by this order has been given under sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202), and the regulations promulgated thereunder, 1 Pa. Code §§ 7.1 and 7.2.
(2) The amendment of the regulations of the Department in the manner provided in this order is necessary and appropriate for the administration and enforcement of the authorizing statutes.
Order
The Department acting under the authorizing statutes, orders that:
(a) The regulations of the Department, 67 Pa. Code chpters 177 and 178, are amended by amending 177.1--177.3 and 177.21--177.23; by adding §§ 177.24, 177.51--177.53, 177.101--177.106, 177.201--177.204, 177.231--177.233, 177.251--177.253, 177.271--177.274, 177.281, 177.282, 177.291, 177.301, 177.302, 177.304, 177.305, 177.401--177.408, 177.421--177.427, 177.431, 177.501--177.504, 177.521, 177.602--177.606, 177.651, 177.652, 177.671--177.673, 177.691 and Appendices A and B; by deleting §§ 177.2a, 177.4--177.9, 177.31--177.40, 177.44--177.48, 177.61, 177.62, 178.1, 178.2, 178.31--178.39, 178.51, 178.101--178.107, 178.201--178.206, 178.231--178.233, 178.251--178.253, 178.271--178.274, 178.291, 178.292, 178.301--178.305, 178.321, 178.331--178.336, 178.401--178.403, 178.421, 178.422, 178.501, 178.521--178.524, 178.551--178.555, 178.571, 178.601--178.607, 178.651, 178.652, 178.671, 178.672, 178.691 and Appendix A to read as set forth in Annex A.
(b) The Secretary of the Department shall submit this order and Annex A to the Office of Attorney General and the Office of General Counsel for approval as to legality as required by law.
(c) The Secretary of the Department shall certify this order and Annex A and deposit them with the Legislative Reference Bureau as required by law.
(d) This order shall take effect immediately upon publication in the Pennsylvania Bulletin with an effective compliance date of October 1, 1997.
BRADLEY L. MALLORY,
Secretary(Editor's note: For the text of the order of the Independent Regulatory Review Commission relating to this document, see 27 Pa.B. 4596 (September 6, 1997).)
Fiscal Note: 18-336. No fiscal impact; (8) recommends adoption. The enhanced emission inspection program will be implemented by a contractor who will be paid directly by service providers. Administrative oversight and coordination with the contractor will be accomplished with existing staff and resources in the Department of Transportation. The Commonwealth may incur increased costs to inspect, and possibly repair, any Commonwealth-owned vehicles that are subject to the enhanced emission inspection. These costs are not expected to be significant and will be absorbed within existing appropriations.
Annex A TITLE 67. TRANSPORTATION PART I. DEPARTMENT OF TRANSPORTATION Subpart A. VEHICLE CODE PROVISIONS ARTICLE VII. VEHICLE CHARACTERISTICS CHAPTER 177. ENHANCED EMISSION INSPECTION PROGRAM Subch.
A. GENERAL PROVISIONS B. SUBJECT VEHICLES C. EMISSION TEST PROCEDURES AND EMISSION STANDARDS D. OFFICIAL EMISSION INSPECTION STATION REQUIREMENTS E. EQUIPMENT MANUFACTURERS' AND CONTRACTOR'S REQUIREMENTS AND OBLIGATIONS F. SCHEDULE OF PENALTIES AND HEARING PROCEDURE Subchapter A. GENERAL PROVISIONS GENERAL
Sec.
177.1. Purpose. 177.2. Application of equipment rules. 177.2a. (Reserved). 177.3. Definitions. 177.4--177.9. (Reserved). IMPLEMENTATION OF ENHANCED EMISSION INSPECTION PROGRAM
177.21. Cessation of current vehicle emission inspection program. 177.22. Commencement date. 177.23. Notification of requirement for emission inspection. 177.24. Program evaluation. 177.31--177.49 (Reserved). I/M PROGRAM
177.51. Program requirements. 177.52. Emission inspection prerequisites. 177.53. Vehicle inspection process. GENERAL § 177.1. Purpose.
This chapter implements elements of Part IV of the Vehicle Code, 75 Pa.C.S. §§ 4531, 4701, 4702, 4706, 4707 and 4721.
§ 177.2. Application of equipment rules.
Equipment rules apply to subject vehicles operated on a highway, unless specifically exempted by this chapter.
§ 177.2a. (Reserved).
§ 177.3. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
ASM test--Acceleration Simulation Mode test--A one mode ''loaded'' mode emission test (ASM 5015), utilizing a dynamometer, which simulates driving a vehicle at a predetermined speed and driving condition.
Antique motor vehicle--A motor vehicle, which displays a current antique motor vehicle registration plate issued by the Department, and which is consistent with the definition of ''antique motor vehicle'' as provided in section 102 of the Vehicle Code (relating to definitions).
Approved exhaust emission analyzer--An instrument, developed for measuring the hydrocarbon, carbon monoxide, carbon dioxide or oxides of nitrogen emissions from the exhaust system of a vehicle, which meets required emission analyzer specifications and program requirements and has been approved by the Department under § 177.406(b) (relating to tools and equipment).
BAR97--The acronym used for the California Bureau of Automotive Repair's Exhaust Gas Analyzer system Specifications provided in 1996, for the testing and documentation of technical specifications required for the approval of analyzer and dynamometer use in California for the measurement of hydrocarbon and carbon monoxide emissions. These specifications, including performance criteria, design characteristics, instrument evaluation procedures and documentation, warranty requirements and logistics shall be met or surpassed for an exhaust gas analyzer and dynamometer to be considered equivalent to the BAR97 exhaust gas analyzer SYSTEM. Copies of the BAR97 specifications may be obtained from the Department of Consumer Affairs, Bureau of Automotive Repair, California Vehicle Inspection Program, 3116 Bradshaw Road, Sacramento, California 95827. A fee for this document may be required.
BAR80--The acronym used for the California Bureau of Automotive Repair's Exhaust Gas Analyzer Specifications: 1979 provided in 1980 for the testing and documentation of technical specifications required for the approval of analyzer use in California for the measurement of hydrocarbon and carbon monoxide emissions.
Basic Emission Inspection Program--A vehicle emission program defined by the EPA as a basic program, utilizing BAR 80 or BAR 84 exhaust analyzers to conduct a one speed idle test, and not meeting the requirements of an enhanced emission inspection. This is the initial emissions program which will continue in Lehigh and Northampton Counties until November 15, 1999.
Bureau--The Bureau of Motor Vehicles of the Department.
Business day--Each day in which an appointed emission inspection station is open for business, excluding Sundays and selected State holidays determined by the Department.
CO--carbon monoxide--A colorless, odorless gas formed by incomplete combustion of carbon, including gasoline. It is considered a mobile source pollutant.
CO2--carbon dioxide--A colorless, odorless incombustible gas formed during respiration and combustion.
Certificate of emission inspection--A serially numbered sticker that, when affixed to the windshield of a vehicle, indicates that the vehicle has passed an emission inspection consistent with this chapter. The certificate is also referred to in this chapter as a sticker.
Certificate of waiver--An official Department document indicating that the requirement of passing emission reinspection has been waived for a vehicle under § 177.291 (relating to certificates of emission inspection procedures).
Certified emission inspector--A person who holds a valid certification card issued by the Bureau which certifies that the person is qualified and has passed the requirements to perform emission inspections on subject vehicles in an appointed emission inspection station.
Certified repair technician--A person who has provided proof to the Department of completion of Department or Nationally recognized emission component repair training and has received a valid emissions repair technician certificate issued by the Department.
Classic motor vehicle--A motor vehicle, but not a reproduction thereof, which displays a current classic motor vehicle registration plate issued by the Department and meets the definition provided in section 102 of the Vehicle Code.
Collectible motor vehicle--A reconstructed motor vehicle, but not a reproduction thereof, substantially modified from the manufacturer's original specifications and appearance and maintained in a collectible condition as determined by the Department.
Commonwealth emission inspection station--An inspection station appointed by the Commonwealth to conduct enhanced emission inspections on subject vehicles owned by and engaged exclusively in the performance of the official duties of the Federal government, the Commonwealth or a political subdivision of this Commonwealth.
Consumer complaint emission inspection procedure--The method provided for consumers who wish to have the results of the emission inspection verified at an inspection facility or lane operated under contract to the Department where the verification is supervised by a Department designated official.
Decentralized inspection--A system for vehicle enhanced emission inspections using privately owned and operated, Department-certified facilities to provide for vehicle emission testing or allowing for repairs, or both.
Department--The Department of Transportation of the Commonwealth.
EPA--The United States Environmental Protection Agency.
Emission inspection--The testing of the exhaust emissions of a subject vehicle, while it is running, for CO, HC or NO, as required by Department procedures.
Emission inspection test report--A document automatically generated by the analyzer testing device once the testing cycle is completed. This document will be reviewed by a certified emission inspector before presentation to the owner or driver of the subject vehicle and will provide emission related inspection information, including the test standards and the actual test results for the subject vehicle.
Enhanced emission inspection program--A vehicle emission inspection program as defined by the EPA and which includes computerized emission analyzers, on-road testing and inspection of vehicle emission control devices through a decentralized inspection program.
Federal standard--A minimum standard of vehicle or vehicle equipment performance issued under the National Motor Vehicle Safety Act (49 U.S.C.A. § 30101) the Motor Vehicle Information, Standards and Requirements Act (49 U.S.C.A. § 32301) or the Clean Air Act (42 U.S.C.A. § 7401--7671g).
Field certified exhaust emission analyzer--An approved exhaust emission analyzer certified by the manufacturer or distributor as being properly calibrated at the emission inspection station according to the manufacturer's specifications and Department procedures and capable of properly recording, storing and transferring test data.
Fleet emission inspection station--An inspection station appointed by the Commonwealth to inspect a minimum of 15 subject vehicles, space permitting, leased or owned and registered in the name of the person in whose name the certificate of appointment is issued.
GVWR--Gross vehicle weight rating--The value specified by the manufacturer on the Federal weight certification label as the loaded weight of a single vehicle.
Gas cap test--A fuel filler gas cap test, as specified in § 177.204(2)(iii) (relating to emission standards), that determines whether or not the vehicle's gas cap is functioning as designed.
General emission inspection station--An inspection station appointed by the Department to conduct emission inspections on all subject vehicles, including fleet, government and private vehicles.
HC--Hydrocarbon--An organic compound containing carbon and hydrogen and often occurring in petroleum, natural gas, coal and bitumens.
Idle test--A vehicle emission inspection test procedure for sampling exhaust emissions which requires maintaining the vehicle's engine speed in the idle range of rpms. The vehicle engine speed is set with the operational range of rpms as prescribed in 40 CFR Part 51, Subpart S, Appendix B(I) (relating to test procedures), and the exhaust gas emissions are measured within the single idle speed range.
I/M--Inspection/Maintenance.
I/M area--The geographic area which the Department has identified as a basic or an enhanced emission I/M program designated area. These areas are certified by the Secretary and published in the Pennsylvania Bulletin. Copies of the designations are available upon request.
I/M indicator insert (for safety certificate of inspection)--An insert containing an indicator in the background to be affixed to the safety certificates of inspection to indicate a requirement for an emission I/M inspection.
I/M monthly insert (for a certificate of emission inspection)--An insert to be affixed to the certificate of emission inspection to show the expiration date of the current emission I/M inspection.
I/M registration indicator--An indicator on the registration card which identifies the vehicle as a subject vehicle which shall be emission inspected annually.
Implement of husbandry--A vehicle designed or adapted and determined by the Department to be used exclusively for agricultural operations and infrequently operated or moved upon highways.
Inspection area--The area in which emission inspections shall be conducted.
Light duty trucks--Trucks weighing less than 9,000 pounds GVWR.
Light duty vehicles--Passenger cars or multi-purpose vehicles weighing less than 6,000 pounds GVWR.
Limited fleet inspection periods--Inspection periods in which approved fleet owners/lessors are required to emission inspect their vehicles, as specified in the Application for Fleet Stations form provided by the Department.
NMHC--Nonmethane hydrocarbons--A mobile source or exhaust pollutant for which the EPA has set allowable standards.
NO--Oxides of nitrogen--A mobile source or exhaust pollutant for which the EPA has set allowable standards.
OBD--On board diagnostic--A device which monitors the performance of emission control equipment, the vehicle's fuel metering system and ignition system and other equipment and operating parameters for the purpose of detecting malfunction or deterioration in performance that would be expected to cause a vehicle to fail emissions standards. When these problems are detected, a malfunction indicator lamp located in the dashboard of the vehicle will be illuminated.
On-road testing device--An exhaust gas analyzer capable of measuring vehicle exhaust gas content outside of the emission inspection station environment, while the vehicle is in motion on the road or at a roadside stop.
PA97--The emission inspection analyzer designed to meet the requirements and specifications for idle testing of this Commonwealth's enhanced emission inspection program as defined in Appendix A (relating to acceleration simulation mode: Pennsylvania procedures, standards, equipment specifications and quality control requirements).
PA97 with dynamometer--The emission inspection analyzer and dynamometer designed to meet the requirements and specifications for ASM testing of this Commonwealth's enhanced emission inspection program as defined in Appendix A.
Qualified Commonwealth employe--An individual, police officer or qualified Department employe, who has completed training in the inspection or weighing of vehicles as required by section 4704, 4981 or 8302 of the Vehicle Code (relating to inspection by police or Commonwealth personnel; weighing and measurement of vehicles; and powers and duties of department).
Quality assurance officer--A person designated by the Department to investigate, inspect and supervise the operations of emission inspection stations.
Qualifying repairs--Vehicle repairs necessary to correct the deficiencies which resulted in a vehicle's failure of the emission inspection test and which count toward the minimum dollar amount required before a waiver may be issued. For those repairs where repair or replacement of emission-related parts requires replacement of other non-emission related equipment constructed as one indivisible unit by the manufacturer, the total replacement costs or repair costs may be counted toward qualifying repairs.
Ppb--Part per billion.
Ppm--Part per million.
Rpm--Revolutions per minute.
Recognized repair facility--A business engaged in the diagnosis and repair of automotive engines and related systems, and one that has been issued or applied for a State sales tax identification number by the Commonwealth or another state jurisdiction.
Registration recall--A formal action of the Department to withdraw the vehicle registration of a vehicle owner or operator for failure to produce proof of correction or waiver of an on-road emission test failure.
Residency exemption--A document issued by the Department stating that a residency exemption application has been verified and approved, and that the vehicle listed is exempt from an emission inspection.
Residency exemption application--An application issued by the Department and used by a Commonwealth vehicle owner residing outside of a designated emission I/M program area to apply for an exemption from emission inspection when the owner has incorrectly received an I/M indicator on the registration card or registration renewal card.
Secretary--The Secretary of the Department.
Special mobile equipment--Vehicles not designed or used primarily for the transportation of persons or property and only incidentally operated or moved over a highway, including, but not limited to: ditch digging apparatus; well boring apparatus; earth moving and road construction and maintenance machinery, such as asphalt spreaders, bituminous mixers, bucket loaders, snowplows, ditchers, graders, finishing machines, road rollers, scarifiers, earth moving carryalls, scrapers, power shovels and draglines; and self-propelled cranes and tractors, other than truck tractors. The term does not include: house trailers; dump trucks; truck-mounted transit mixers, cranes or shovels; or other vehicles designed for the transportation of persons or property to which machinery has been attached.
Street rod--A motor vehicle, or a reproduction thereof, with a model year of 1948 or older which has been materially altered or modified by the removal, addition or substitution of essential parts and with a gross weight or registered gross weight of not more than 9,000 pounds.
Subject emission control device--The vehicle emission control devices, including the catalytic convertor, the fuel tank inlet restrictor and the exhaust gas recirculation (EGR) valve which are required to be inspected as part of the emission inspection program.
Transient test--A vehicle emission inspection test in which the vehicle is tested for exhaust emissions under conditions simulating actual on-road driving conditions. Testing equipment includes a dynamometer that permits simulation of driving and exhaust gas analyzer equipment that analyzes the exhaust gas emissions under various driving conditions.
Two-speed test--A vehicle emission inspection test in which the exhaust emissions are measured at two ranges of engine revolutions per minute (rpm) as prescribed in 40 CFR Part 51, Subpart S, Appendix B(II) (relating to test procedures two speed idle test).
Unsafe condition--A defect, malfunction or condition which may expose an emission inspector to harm in the performance of an emission inspection of that vehicle.
Vehicle Code--75 Pa.C.S.
Vehicle Inspection Division--The division within the Bureau which administers vehicle equipment and inspection matters.
Vehicle equipment standard--A minimum standard for vehicle performance or vehicle equipment performance which meets the needs of vehicle safety, noise control or air quality control, and which is practicable and provides objective criteria.
VIID--Vehicle Inspection Information Database--The vehicle database established to collect inspection test data and to provide enhanced emission inspection test standards to enhanced emission inspection stations for the purpose of conducting the appropriate emission inspection.
VIN--Vehicle identification number--A combination of numbers or letters, or both, which the manufacturer assigns to a vehicle for identification purposes, or, if no VIN is present on the vehicle, which the Department may assign for identification purposes.
Vehicle year--The date of manufacture of a vehicle as specified by the VIN, or, if this number is not available or cannot be interpreted for the year, the annual production period of the vehicle as designated by the manufacturer.
§§ 177.4--177.9. (Reserved).
IMPLEMENTATION OF ENHANCED EMISSION INSPECTION PROGRAM § 177.21. Cessation of current vehicle emission inspection program.
(a) The basic vehicle emission inspection program conducted as of September 30, 1997, in Bucks, Chester, Delaware, Montgomery and Philadelphia Counties, and in Allegheny, Beaver, Washington and Westmoreland Counties which exists in Pennsylvania Code serial pps. 125257--125266, 140091--140094, 125271--125288, 153617-- 153620, 125291--125306, 182533 and 182554 will cease to be effective on a date designated by the Secretary by notice in the Pennsylvania Bulletin as provided in § 177.22 (relating to commencement date). Certificates of appointment issued to emission inspection stations in the program which exists in the Pennsylvania Code serial pages listed in this section will terminate on a date designated by the Secretary in the Pennsylvania Bulletin. Emission inspection stations in the emission inspection program which exists in the Pennsylvania Code serial pages listed in this section that elect not to be certified to conduct emission inspections under the enhanced emission inspection program shall submit emission inspection related material to Department personnel upon a final audit by the Department.
(b) The basic emission inspection program conducted as of September 30, 1997, in the applicable areas of Lehigh and Northampton Counties will continue as presently conducted and will cease on a date designated by the Secretary by notice in the Pennsylvania Bulletin or on November 15, 1999, whichever occurs first.
§ 177.22. Commencement date.
The enhanced I/M program, as described in this chapter, will commence in Bucks, Chester, Delaware, Montgomery, Philadelphia, Allegheny, Beaver, Washington and Westmoreland counties on a date designated by the Secretary by notice in the Pennsylvania Bulletin or by November 15, 1997, whichever occurs first. It will commence by November 15, 1999, in the remaining counties subject to the I/M program. The notice will provide affected motorists with at least 60 days notice. The Department may exercise discretion in the implementation of the enhanced I/M program with respect to phasing in the areas required to comply.
§ 177.23. Notification of requirement for emission inspection.
The Department will notify the owner or lessee of a subject vehicle that is required to have a basic or an enhanced emission inspection test.
§ 177.24. Program evaluation.
A program evaluation of the enhanced vehicle inspection and maintenance (I/M) program that meets EPA requirements will be performed with data submitted to EPA on a biennial basis.
§§ 177.31--177.49. (Reserved).
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[Continued from previous Web Page] I/M PROGRAM § 177.51. Program requirements.
(a) Network type. Testing shall be performed through a decentralized system of privately owned and operated, Department-certified facilities.
(b) Test-and-repair. Emission inspection stations may conduct both testing and repairing of subject vehicles.
(c) Annual inspection. Subject vehicles shall be inspected annually in coordination with a safety inspection according to procedures established by the Bureau. A safety inspection certificate for a vehicle subject to an enhanced emission inspection may not be affixed to the vehicle until the subject vehicle has passed an emission inspection or received a waiver as provided in § 177.281 (relating to issuance of waiver). The term ''safety inspection certificate'' as used in this subsection does not include temporary inspection approval indicators as defined in § 175.23 (relating to application of equipment rules). Safety inspection stations are not required to conduct emission inspections to maintain certification as safety inspection stations.
(d) I/M areas covered. The Department will establish areas of this Commonwealth which are subject to an emission inspection by certification of the Secretary of the need to comply with Federal law and will publish the certification as a notice in the Pennsylvania Bulletin listing the I/M areas.
(e) Model year coverage.
(1) All subject gasoline-powered motor vehicles with a GVWR of 11,000 pounds or less and registered in a basic I/M inspection program area are required to continue to undergo a basic I/M inspection.
(2) Subject gasoline-powered motor vehicles with a model year of 1975 and newer with a GVWR of 9,000 pounds or less and registered in an enhanced I/M area are subject to an enhanced emission inspection. Current model year vehicles, as defined in § 177.101(c)(13) (relating to subject vehicles), and vehicles driven less then 5,000 miles per year are exempt from this requirement.
(f) Exhaust emission test types. The following test types will be administered to the appropriate model years and fuel types:
(1) Beginning October 1, 1997, vehicles registered in Bucks, Chester, Delaware, Montgomery and Philadelphia Counties will be required to undergo the following:
Model Year Test Type 1975-1980 vehicles and 1975-1983 light duty trucks. One-speed idle test; gas cap test; visual inspection. 1981 and newer vehicles and 1984 and newer light duty trucks. ASM 1 (ASM5015); evaporative system function tests (pressure, purge and gas cap); visual inspection; 1981 and newer full time all wheel drive vehicles Two speed idle test, visual inspection, pressure and gas cap test. (2) Beginning October 1, 1997, vehicles registered in Beaver, Allegheny, Washington and Westmoreland Counties will be required to undergo the following:
Model Year Test Type 1975-1980 One-speed idle test; gas cap test; visual inspection. 1981 and newer Two-speed idle test; gas cap test; visual inspection. (3) Until November 1, 1999, vehicles registered in subject areas of Lehigh and Northampton Counties will remain subject to the existing basic I/M test which consists of the following:
Model Year Test Type All subject gasoline power vehicles One-speed idle test (4) Beginning November 1, 1999, vehicles registered in Lehigh and Northampton Counties and the remaining counties required to undergo emission inspection will undergo the following:
Model Year Test Type 1975-1980 One-speed idle test; gas cap test; visual inspection. 1981 and newer Two-speed idle test; gas cap test; visual inspection. (5) One-speed and two-speed idle testing shall be as described in 40 CFR Part 51, Subpart S, Appendix B (I and II) (relating to one and two-speed idle tests), which is adopted by reference, and Appendix A, acceleration simulation mode Pennsylvania procedures, standards, equipment specifications and quality control requirements.
(g) Evaporative system function tests. Evaporative system function tests, including an evaporative system pressure test on 1981 and later model year subject vehicles and an evaporative system purge test on 1981 and later model year subject vehicles shall be administered upon notification by the Department to the emission inspection stations and shall be consistent with §§ 177.201--177.204 and Appendix B (relating to general; and Department procedures and specifications).
(h) Emission test procedures and standards. Emission test procedures and standards shall be consistent with §§ 177.201--177.201--177.205.
(i) Exhaust emission test equipment. Exhaust emission test equipment requirements shall be consistent with 177.201--177.204.
(j) On-road testing. The Department will conduct on road testing of subject vehicles as authorized in section 4704(a)4) of the Vehicle Code (relating to inspection by police or Commonwealth personnel). Drivers of vehicles shall permit the testing of their vehicles by authorized personnel.
(k) Recall. The owner of a vehicle for which a voluntary or mandatory manufacturer's emission-related recall notice was issued after 6 months after the commencement of an enhanced I/M program in the affected county shall have the necessary repairs completed prior to presenting the vehicle for emission inspection as a prerequisite to begin the emission inspection process.
(l) Visual inspection. A visual emission control device inspection shall be administered as specified in § 177.204 (relating to emission standards) of the vehicle emission control system of 1975 and later model year subject vehicles.
(m) Subsequent approval by the EPA of emission test equipment, test procedures or report requirements. If the EPA develops or approves other emission test equipment, test procedures or report requirements, the Department may adopt the subsequently approved equipment, procedures or reports consistent with section 4706(e) of the Vehicle Code (relating to prohibition on expenditures for emission inspection program).
§ 177.52. Emission inspection prerequisites.
The following prerequisites shall be accomplished by the vehicle owner or driver prior to the performance of the emission inspection:
(1) The vehicle owner or driver shall present the vehicle registration card to the emission inspection station and pay the required test fee to the inspection station. This fee shall also include one free retest, if the vehicle owner or driver complies with the retest requirements as provided in §§ 177.271--177.274 (relating to retest).
(2) When the EPA National Recall Database with the necessary recall notice information is available to the Department, the inspection station shall check with the VIID when applicable to determine whether an applicable emission-related manufacturer recall notice was issued for the subject vehicle.
(3) When the EPA National Recall Database with the necessary recall notice information is available to the Department, and if a subject vehicle was targeted for a voluntary or mandatory manufacturer's applicable emission recall notice, the vehicle owner or operator shall present proof of compliance with the recall notice to the emission inspection station before the enhanced emission inspection begins.
§ 177.53. Vehicle inspection process.
The vehicle inspection process shall be as follows:
(1) If a subject vehicle passes the basic or enhanced emission inspection requirements, the emission inspection station shall provide the vehicle owner or driver with an emission inspection test report certifying that the vehicle has passed the emission inspection.
(2) If a subject vehicle fails any phase of the enhanced emission inspection requirements, the emission inspection station shall provide the vehicle owner or operator with a software generated interpretative diagnostic information form based on the particular portions of the test that failed.
(3) If a subject vehicle fails any phase of the basic or enhanced emission inspection, the vehicle owner shall have the vehicle repaired and submit the vehicle for retesting.
(4) If the subject vehicle fails the retest, the vehicle owner can apply for a waiver. If the waiver requirements as prescribed in §§ 177.281 and 177.282 (relating to issuance of waiver; and annual adjustment of minimum waiver expenditure) are met, a waiver will be issued.
(5) An emission inspector will place a certificate of emission inspection on the windshield of the subject vehicle, as prescribed in §§ 177.291 (relating to certificates of emission inspection procedures), which has passed the emission requirements or received a waiver.
§ 177.61. (Reserved).
§ 177.62. (Reserved).
Subchapter B. SUBJECT VEHICLES Sec.
177.101. Subject vehicles. 177.102. Inspection of vehicles reentering this Commonwealth. 177.103. Used vehicles after sale or resale. 177.104. Vehicles registered in nondesignated areas or other states. 177.105. Vehicles requiring emission inspection due to change of address. 177.106. Repair technician training and certification. § 177.101. Subject vehicles.
(a) Subject vehicles.
(1) Subject vehicles in a basic I/M program area include gasoline powered vehicles with a GVWR of 11,000 pounds or less which are:
(i) Moved upon a highway.
(ii) Registered in or required to be registered in a designated I/M area.
(iii) Leased vehicles with registration or titling in the name of someone other than the lessee or user where the motor vehicle is registered or required to be registered in an I/M area.
(2) Subject vehicles in an enhanced I/M program area include gasoline powered 1975 and newer model year vehicles, excluding the current model year, with a GVWR of 9,000 pounds or less which are:
(i) Registered in or required to be registered in a designated enhanced I/M area.
(ii) Leased vehicles with registration or titling in the name of someone other than the lessee or user where the motor vehicle is registered or required to be registered in an I/M area.
(iii) Operated on Federal installations located within an I/M area, regardless of where the vehicles are registered. This requirement applies to employe-owned or leased vehicles, including vehicles owned, leased or operated by civilian and military personnel on Federal installations, as well as agency-owned or operated vehicles. Vehicles exempted from this requirement are:
(A) Tactical military vehicles.
(B) Visiting agency, employe or military personnel vehicles as long as the visits do not exceed 60 calendar days per calendar year.
(iv) School buses 9,000 pounds or less GVWR and other buses with a seating capacity of 15 seats or less with a GVWR of 9,000 pounds or less.
(b) Documentation of compliance. The Federal installation shall provide annually, or as requested, documentation of proof of compliance with subsection (a)(2)(iii) to the Department. This documentation shall be updated periodically, but at least in each inspection cycle. The installation shall present a valid certificate of compliance with the I/M program of the Commonwealth or an I/M program deemed acceptable to the Department, for each vehicle.
(c) Other exempted vehicles. Other exempted vehicles shall include vehicles operated or registered as one of the following:
(1) Special mobile equipment.
(2) Implements of husbandry.
(3) Motor vehicles being towed.
(4) Classic, antique or collectible motor vehicles.
(5) Motorcycles.
(6) Motorized pedalcycles.
(7) Street rods.
(8) Vehicles repossessed by a financier or collector through the use of miscellaneous motor vehicle business registration plates.
(9) Buses with a seating capacity of 16 or more.
(10) Motor vehicles being driven, or towed by an official inspection station owner or employe for the purpose of inspection.
(11) New vehicles while they are in the process of manufacture, including testing, and not in transit from the manufacturer to a purchaser or dealer.
(12) Vehicles driven less than 5,000 miles in the previous 12 months as indicated by the mileage noted on their safety inspection certificate or by the mileage recorded on the vehicle inspection data base and which were owned by one individual for at least 1 year.
(13) Current model year vehicles which are subject vehicles never before registered in this Commonwealth or any other jurisdiction and which have less than 5,000 miles on their odometers.
§ 177.102. Inspection of vehicles reentering this Commonwealth.
Vehicles subject to emission inspection which have been outside of this Commonwealth continuously for 30 days or more and which, at the time of reentering this Commonwealth, do not bear a currently valid certificate of emission inspection are not required to be inspected until 10 days after reentering this Commonwealth.
§ 177.103. Used vehicles after sale or resale.
(a) A used vehicle, after sale or resale, may be driven without a current inspection certificate for 10 days after the date of sale or resale or entry into this Commonwealth, whichever occurs later. The purchaser of the vehicle, unless contracted otherwise, assumes full responsibility for having the vehicle inspected.
(b) Used vehicles, acquired after sale or resale, bearing a currently valid certificate of emission inspection may be driven on Commonwealth highways until the certificate of emission inspection expires.
§ 177.104. Vehicles registered in nondesignated areas or other states.
A vehicle registered outside a designated area or another state may be inspected for emissions but may not be issued a certificate of emission inspection unless the certificate is specifically requested by a vehicle owner.
§ 177.105. Vehicles requiring emission inspection due to change of address.
Subject vehicles required to participate in the Enhanced Emission I/M Program because of vehicle registration change of address shall be phased into the emission inspection program during the time of the expiration of the current certificate of safety inspection.
§ 177.106. Repair technician training and certification.
(a) General rule. Personnel who perform diagnosis and repair of automotive engines and related systems required to meet the emission standards of this chapter may be certified by the Department as certified repair technicians. Only certified repair technicians will be authorized to process requests for and deliver waivers.
(1) From October 1, 1997 to October 1, 1998, certified emission inspectors, as well as certified repair technicians, may process requests for and deliver waivers.
(2) After October 1, 1998, only certified repair technicians certified by the Department may process requests for and deliver waivers.
(b) Certified repair technician requirements. A repair technician desiring to be certified shall:
(1) Be 18 years of age or older.
(2) Have a valid driver's license.
(3) Have done one of the following:
(i) Completed and passed a repair technician training course, approved by the Department, that included, at a minimum, information on the following:
(A) Diagnosis and repair of malfunctions in computer controlled close-loop vehicles.
(B) application of emission control theory and diagnostic data to the diagnosis and repair of failures of the emission test and the evaporative system function tests.
(C) Utilization of diagnostic information on systematic or repeated failures observed in the emission test and the evaporative system function tests.
(D) Generalized training on the various subsystems related to emission control.
(E) Passed a 12-hour course pertaining to Commonwealth's emission inspection program and regulations.
(ii) Completed a 12-hour required course pertaining to Commonwealth's emission inspection program and regulations and passed a written test administered by the Department or its agents with a minimum of 80% correct test responses and obtained certification from an automotive manufacturer or from the National Institute for Automotive Service Excellence (ASE) or other training identified by the Department as being equivalent and that certifies that the repair technician is proficient in evaluating and repairing emission control systems.
(c) Completion of training program. A person who successfully completes all phases of the training program and who passes the required testing will qualify as a certified repair technician.
(d) Supplemental training. The Department may authorize periodic supplemental training as a requirement for a person to maintain the status of a certified repair technician.
Subchapter C. EMISSION TEST PROCEDURES AND EMISSION STANDARDS GENERAL
Sec.
177.201. General requirements. 177.202. Emission test equipment. 177.203. Test procedures. 177.204. Emission standards. 177.205. (Reserved). RECALL PROVISIONS
177.231. Requirements regarding manufacturer recall notices. 177.232. Compliance with recall notices. 177.233. Failure to comply. EMISSION INSPECTION TEST REPORT
177.251. Record of test results. 177.252. Emission inspection test report. 177.253. Responsibility of the station owner for vehicles which fail the I/M test. RETEST
177.271. Procedure. 177.272. Prerequisites. 177.273. Content of repair data form. 177.274. Retest fees. ISSUANCE OF WAIVER
177.281. Issuance of waiver. 177.282. Annual adjustment of minimum waiver expenditure for enhanced emission inspection areas. 177.283. (Reserved). CERTIFICATES OF EMISSION INSPECTION PROCEDURES
177.291. Certificates of emission inspection procedures. 177.292. Recording inspection. ON-ROAD TESTING
177.301. Authorization to conduct on-road emission testing. 177.302. On-road testing devices. 177.303. (Reserved). 177.304. Failure of on-road emission test. 177.305. Failure to produce proof of correction of on-road emission test failure. GENERAL § 177.201. General requirements.
Emission tests and evaporative system functional tests shall be subject to the following requirements:
(1) Vehicles shall be tested in as-received condition. A vehicle capable of operating on gasoline and other fuel is subject to testing and shall be tested while operating in the gasoline mode.
(2) An initial test is the emission test that occurs the first time in a test cycle. The initial test shall be performed without prior repair or adjustment to the subject vehicle at the emission inspection station, except as provided for in the evaporative system integrity test. An emission inspection performed after the initial test in a test cycle shall be considered a retest.
(3) An official test, once initiated, shall be performed in its entirety regardless of immediate outcome except in the case of an invalid test condition, unsafe conditions or fast pass/fail algorithms.
(4) Tests involving measurements shall be performed with approved equipment that has been calibrated according to the quality control procedures contained in 40 CFR Part 51, Subpart S, Appendix A (relating to calibrations, adjustments and quality control), which is adopted by reference, or as specified in Appendix A (relating to acceleration simulation mode: Pennsylvania procedures, standards, equipment specifications and quality control requirements).
(5) Vehicles may not be tested if the exhaust system is missing or leaking, or if the vehicle is in an unsafe condition.
(6) Alteration of a vehicle's configuration so that it changes from a certified to a noncertified configuration is prohibited. In the inspection process, vehicles that have been altered from their original certified configuration shall be tested in the same manner as other subject vehicles, in accordance with the following:
(i) Vehicles with engines other than the engine originally installed by the manufacturer, or an identical replacement engine shall be subject to the test procedures and standards for the chassis type and model year, including visual equipment inspections for components that are part of the original certified configuration and part of the normal inspection.
(ii) Vehicles that have been altered from an engine of one fuel type to another fuel type that is subject to the I/M program, for example, from a diesel engine to a gasoline engine shall be subject to the test procedures and standards for the current fuel type, and to the requirements of subparagraph (i).
(iii) Vehicles that are altered to a fuel type for which there is no certified configuration shall be tested according to the most stringent emission standards established for that vehicle type and model year. Emission control device requirements may be waived if the Department determines that the alternatively fueled vehicle configuration would meet the new vehicle standards for that model year without these devices.
§ 177.202. Emission test equipment.
(a) Performance features of basic and enhanced emission test equipment. Computerized test systems are required for performing any measurement on subject vehicles. The test equipment shall be certified to meet as applicable EPA requirements, including those contained in 40 CFR Part 51, Subpart S, Appendix D (relating to steady-state short test equipment), which is adopted by reference, or the performance standards of California BAR 97 as they apply to the PA 97 analyzer and Appendix A (relating to acceleration simulation mode: Pennsylvania procedures, standards, equipment specifications and quality control requirements). Newly acquired systems shall be subjected to acceptance test procedures to ensure compliance with program specifications.
(1) Emission test equipment shall be capable of testing subject vehicles and shall be updated as needed to accommodate new technology vehicles as well as changes to the program.
(2) At a minimum, emission test equipment shall be:
(i) Automated to the highest degree commercially available to minimize the potential for intentional fraud or human error, or both.
(ii) Secure from tampering or abuse, or both.
(iii) Based upon written specifications.
(iv) Capable of simultaneously sampling dual exhaust vehicles.
(b) Functional characteristics of computerized test systems. The test system is composed of emission measurement devices and other motor vehicle test equipment controlled by a computer.
(1) The test system shall automatically:
(i) Make pass/fail decisions for all measurements.
(ii) Record test data to an electronic medium.
(iii) Conduct regular self-testing of recording accuracy.
(iv) Perform electrical calibration and system integrity checks before each test, as applicable.
(v) Initiate system lockouts for:
(A) Tampering with security aspects of the test system.
(B) Failing to conduct or pass periodic calibration or leak checks.
(C) Failing to conduct or pass the constant volume sampler flow rate check, if applicable.
(D) Failing to conduct or pass one or more of the dynamometer checks, including coast-down, roll speed and roll distance, power absorption capability and inertia weight selection checks, if applicable.
(E) Failing to conduct or pass the pressure monitoring device check, if applicable.
(F) Failing to conduct or pass the purge flow metering system check, if applicable.
(G) Failing to have installed in the test analyzer a full data recording medium or one that passes a cyclical redundancy check.
(2) Test systems shall include a real time data link to the Department computer or other computers as specified by the Department.
(3) The test system shall insure accurate data collection by limiting, cross-checking or confirming manual data entry.
(c) Test equipment for acceleration simulation mode (ASM) emission testing. Test equipment for ASM emission testing shall be as specified in Appendix A and quality control regulations of this chapter.
(d) One-speed idle test equipment. One speed idle test equipment requirements for model years 1975--1980 shall be as specified in 40 CFR Part 51, Subpart S, Appendix (D)(I) which is adopted by reference.
(e) Two-speed idle test equipment. Two-speed idle test equipment for model years 1981 and newer shall be as specified in 40 CFR Part 51, Subpart S, Appendix D which is adopted by reference or Appendix A, as applicable.
§ 177.203. Test procedures.
(a) Basic I/M program test procedures.
(1) Idle testing. The following steps shall be taken when testing subject vehicles, except 1981 and later Ford Motor Company vehicles:
(i) Emission test data shall be entered into the analyzer by a certified emission inspection inspector using the alpha-numeric keyboard in the sequence specified.
(ii) The digital engine tachometer of the analyzer shall be connected to the subject vehicle engine being tested by means of an inductive pickup.
(iii) The engine shall be at normal operating temperature, not overheating, and with all accessories off.
(iv) The analyzer shall be warmed-up in proper operating condition, and the tachometer pickup shall be attached.
(v) With the motor vehicle in park or neutral gear and wheel chocks in place and the emergency brake secured, accelerate the engine to 2,500 revolutions per minute, plus or minus 300 revolutions per minute, for 30 seconds. Release the accelerator and allow the engine to return to idle.
(vi) With the engine operating at idle, insert the sample probe of the emission analyzer into the vehicle's exhaust pipe. The probe tip shall be inserted at least 12 inches into the tailpipe, or, in the case of a restriction, a device shall be added to prohibit test sample dilution. If multiple tailpipes are present, hardware which is capable of simultaneously sampling both sources shall be used. Simultaneous sampling hardware is not necessary for exhaust systems in which the exhaust pipes originate from a common point.
(vii) Record exhaust concentrations after stabilized readings are obtained or at the end of 30 seconds, whichever occurs first. These results shall be compared by vehicle model year as shown in § 177.204(1) (relating to emission standards).
(viii) Subject motor vehicles having engines replaced shall be emission inspected by standards corresponding to the model year of the engine.
(ix) For purposes of determining truck test standards, the greater of the registered gross weight or manufacturer's GVWR shall be used.
(x) Vehicles shall be tested in as-received condition. A vehicle capable of operating on gasoline and other fuel is subject to testing and shall be tested while operating in the gasoline mode.
(2) Restart idle mode test. For 1981 and later Ford Motor Company vehicles, follow the same sequence as required in the idle mode test in paragraph (1), but add the following requirement between the steps set forth in paragraph (1)(v) and (vi). The engine shall be turned off and then restarted. After the completion of the 30 second/2,500 rpm cycle in paragraph (1)(vi), the inspector shall immediately insert the sample probe into the tailpipe and immediately proceed with the completion of the emission test.
(b) Enhanced I/M program test procedures.
(1) Idle testing. Idle tests of all model year subject vehicles shall be performed in accordance with the procedures in 40 CFR Part 51, Subpart S, Appendix B(I) and (II) (relating to test procedures-idle tests) which is adopted by reference, and Appendix A (relating to simulation mode: Pennsylvania procedures, standards, equipment specifications and quality control requirements). The following steps shall be taken when testing subject vehicles:
(i) Emission test data shall be entered into the analyzer by a certified emission inspection inspector using the bar coded vehicle registration card or the alpha-numeric keyboard in the sequence specified.
(ii) Idle tests shall be either one-speed or two speed as specified in § 177.51(f) (relating to program requirements).
(2) ASM test. The ASM test of 1981 and newer model year subject vehicles shall be performed in accordance with the ASM test procedure and specifications and quality assurance requirements contained in Appendix A. The ASM test procedure, including algorithms and other procedural details, shall be approved by the EPA prior to use in the I/M program of the Commonwealth. Special test algorithms and pass/fail algorithms may be employed to reduce test time when the test outcome is predictable with near certainty, if approved by the EPA.
(3) Evaporative system function tests. Evaporative system function tests, including an evaporative system pressure test and an evaporative system purge test on 1981 and newer model year subject vehicles, shall be administered on subject vehicles registered in Bucks, Chester, Delaware, Montgomery and Philadelphia counties upon notification to the Department of EPA-approved procedures and will be conducted based on the procedures approved by the Department. A gas cap test will be administered on all 1975 and newer model year vehicles subject to the enhanced emission test.
(4) Subsequent test procedures approved by the EPA. If the EPA develops or approves other test procedures, including test procedures prescribed in this section, the Department may adopt these subsequently approved test procedures consistent with section 4706(e) of the Vehicle Code (relating to prohibition on expenditures for emission inspection program).
§ 177.204. Emission standards.
Subject vehicles shall be rejected if they exceed the following standards:
(1) Basic I/M program area.
(i) Passenger cars and trucks less than 6,000 pounds GVWR.
Model year CO% HC (ppm) Pre-1968 10.0 1,600 1968--1969 8.0 800 1970--1974 6.0 600 1975--1979 4.0 400 1980 3.0 300 1981--1985 1.2 220 (ii) Trucks 6,000 pounds through 8,500 pounds GVWR.
Model year CO% HC (ppm) Pre-1970 7.0 1,500 1970--1973 6.5 800 1974--1978 6.0 650 1979 4.0 400 1980 3.0 300 1981 and newer 1.2 220 (iii) Trucks 8,501 pounds through 11,000 pounds GVWR (for vehicles in the basic I/M program).
Model year CO% HC (ppm) Pre-1970 7.0 1,500 1970--1973 6.5 800 1974 and later 6.0 650 (2) Enhanced I/M program area.
(i) Idle test standards.
(A) Passenger cars and trucks less than 6,000 pounds GVWR.
Model year CO% HC (PPM) 1975--1979 4.0 400 1980 3.0 300 1981--1992 1.2 220 1993 and newer 1.0 130 (B) Trucks 6,000 pounds through 9,000 pounds GVWR.
Model year CO% HC (PPM) 1975--1978 6.0 650 1975--1978 6.0 650 1979 4.0 400 1980 3.0 300 1981--1992 1.2 220 1993 and newer 1.0 180 (C) Maximum exhaust dilution shall be measured as at least 6% CO plus CO2 on vehicles subject to a steady-state test as described in 40 CFR Part 51, Subpart S, Appendex B (relating to test procedures), which is adopted by reference.
(ii) ASM test emission standards.
Model years 1981 and newer vehicles required to receive an ASM emission inspection shall be subject to standards specified in Appendix A (relating to acceleration simulation mode: Pennsylvania procedures, standards, equipment specifications and quality control requirements). This includes both phase in and final test standards.
(iii) Evaporative emission system function test standards.
(A) A vehicle shall fail the gas cap test if at any time during the 2 minutes of the gas cap test the pressure drops from the starting pressure by more than 6 inches of water, causing the test to be terminated. If the pressure does not drop more than 6 inches during the test, the vehicle shall pass the gas cap test.
(B) A vehicle shall fail the evaporative system pressure test if the system cannot maintain a system pressure above 8 inches of water for 2 minutes after being pressurized to 14 +/-0.5 inches of water or if no pressure drop is detected when the gas cap is loosened as described in this section. Additionally, a vehicle shall fail the evaporative test if the canister is missing or obviously damaged, if hoses are missing or obviously damaged, or if the gas cap is missing.
(iv) Visual inspection of vehicle emission control system.
(A) A visual inspection of the vehicle emission control system of 1975 and later model year subject vehicles shall be conducted on subject vehicles registered in the counties required to perform enhanced vehicle emission inspections. The visual inspection shall look for the presence of the following emission control devices:
(I) Catalytic converter.
(II) Exhaust gas recirculation (EGR) valve.
(III) Positive crankcase ventilation (PCV) valve.
(IV) Fuel inlet restrictor.
(V) Air pump.
(VI) Evaporative control system components.
(B) Visual emission control device inspections shall be performed through direct observation or through indirect observation, using a mirror or other visual aid.
(C) These inspections shall include a determination as to whether each subject device is present and appears to be property connected and appears to be the correct type for the certified configuration.
(D) A vehicle shall fail the visual inspection if applicable required emission control equipment specified in clause (A) is not present, is not properly connected or is not the correct type for the certified configuration.
(v) Subsequent test procedures approved by the EPA. If the EPA develops or approves other test procedures, including test procedures prescribed in this section, the Department may adopt these subsequently approved test procedures consistent with Section 4706(E) of the vehicle code (relating to prohibition on expenditures for emission inspection program).
§ 177.205. (Reserved).
§ 177.206. (Reserved).
RECALL PROVISIONS § 177.231. Requirements regarding manufacturer recall notices.
When the EPA vehicle emission related database is available to the Department, owners or lessees of vehicles for which voluntary or mandatory manufacturer emission-related recall notices have been issued shall have the necessary repairs completed prior to submitting the vehicle for emission testing and shall present proof of compliance with the recall notice at the time of emission inspection. This is required to complete the emission inspection process.
§ 177.232. Compliance with recall notices.
Owners or lessees of subject vehicles for which the vehicle manufacturer has issued a recall notice more than 3 months prior to the beginning of the emission inspection period shall show proof of compliance with the recall notice prior to commencement of the emission inspection.
§ 177.233. Failure to comply.
Failure to comply with this section and §§ 177.231 and 177.232 (relating to requirements regarding manufacturer recall notices; and compliance with recall notices) shall be considered grounds to refuse to initiate an emission inspection.
EMISSION INSPECTION TEST REPORT § 177.251. Record of test results.
The station shall provide the vehicle owner or driver with a computer-generated emission inspection test report.
§ 177.252. Emission inspection test report.
(a) The basic emission I/M program shall require two legible emission inspection test reports including full test details as follows:
Data Suggested Format Date Date: Month/Day/Year 02/23/95 Station Number Station #: Inspector Number Inspector #: Vehicle ID Number Vehicle ID #: RPM Reading RPM: HC Standard in PPM HC STD. PPM: HC test reading in PPM HC Test PPM: CO Standard in % CO STD. %: CO Test Reading in % CO Test %: CO2 Reading in % CO2 %: Invalid Test CO2/RPM: (either invalid CO2 or or RPM Unstable) Sticker Number Sticker #: Total Cost Total Cost: Certified emission inspector signature: inspector sig. for signature, data will be manually completed.
(b) The enhanced emission inspection test report shall be as shown on the sample emission inspection report form contained in Appendix A (relating to acceleration simulation mode: Pennsylvania procedures, standards, equipment specifications and quality control requirements) and shall include:
(1) A vehicle description, including license plate number, VIN, vehicle make and model and odometer reading, GVWR and estimated test weight, engine size and inspection type.
(2) The date and time of the test.
(3) The name and identification number of the individuals performing the tests and the name, address and station number of the test station.
(4) The type of tests performed.
(5) The applicable test standards.
(6) The test results, including exhaust concentrations, pass/fail results for each mode measured and results of visual inspection.
(7) A statement indicating the availability of warranty coverage as required in section 207 of the Clean Air Act (42 U.S.C.A. § 7525).
(8) The results of the recall provisions check, if applicable, including the recall campaign number and date the recall repairs were completed.
(9) A certification that tests were performed in accordance with this chapter and EPA regulations.
§ 177.253. Responsibility of the station owner for vehicles which fail the I/M test.
(a) Owners or operators of vehicles that fail the I/M test shall be provided with an emission inspection test report as described in § 177.252 (relating to emission inspection test report) as well as the consumer complaint procedure, including the telephone number of the quality assurance officer or the Vehicle Inspection Division.
(b) Owners or operators of vehicles that fail the I/M test may challenge the results of the emission inspection.
(1) A challenge regarding the performance or results of the test shall be made within 10 days of the failure of the emission inspection.
(2) A quality assurance officer or Department representative will function as a referee and will arrange to meet with the owner or operator of a vehicle that fails if requested.
(3) The referee will first determine whether test equipment functioned properly. If the test equipment is functioning correctly, the referee will determine whether proper test procedures were followed. If the equipment and procedures were correct and the vehicle still fails the inspection, the vehicle shall be brought into compliance prior to a retest. If the vehicle passes, a certificate of inspection will be affixed to the vehicle.
(4) If the referee determines that the test equipment malfunctioned, the equipment shall be brought into compliance prior to a referee test. If the equipment cannot be brought into compliance at this meeting, the owner or operator of the vehicle may request that the referee test be conducted at an alternate test location.
RETEST § 177.271. Procedure.
Vehicles that fail the initial test or a retest shall be retested after repair to determine if the repairs were effective for any portion of the inspection that was failed on the previous test. To the extent that repair to correct a previous failure could lead to failure of another portion of the test, that portion shall also be retested.
§ 177.272. Prerequisites.
For a retest, the vehicle owner or driver shall present to the inspection station the emission inspection test report and the diagnostic information repair data form as described in § 177.273 (relating to content of repair data form).
§ 177.273. Content of repair data form.
The repair data form shall include the following:
(1) The repairs performed.
(2) The cost of repairs.
(3) The repair technician's number or name if the person who made the repairs does not have a Department issued technician number.
(4) The repairs recommended by the repair facility that were not performed.
(5) The name, address and telephone number of the repair facility, and station number, if the repair facility is also a department-certified safety or emission inspection station.
§ 177.274. Retest fees.
(a) If the vehicle owner or driver presents the emission inspection test report and the completed repair form to the emission inspection station that performed the initial inspection within 30 calendar days of the initial emission inspection, the vehicle owner or driver shall receive one free retest. Retests after the 30-day period or retests performed after the free retest shall only be performed upon payment of the emission inspection test fee to the emission inspection station.
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[Continued from previous Web Page] (b) If a referee test is requested after the vehicle has failed the free retest and the vehicle passes the referee test, a certificate of inspection shall be affixed to the vehicle and the vehicle owner or operator need not pay for this test.
(c) If a referee test is requested after the vehicle has failed the free retest and the vehicle fails the referee test, the vehicle owner or operator shall pay for this test and any subsequent retests. If expenditures for repairs meet or exceed the requirements for a waiver stated in § 177.281 (relating to issuance of waiver), a certificate of inspection with a waiver indicator may be issued. If the requirements for a waiver have not been met, the vehicle shall then be repaired to meet the requirements for passing the emission inspection or for issuance of a waiver.
ISSUANCE OF WAIVER § 177.281. Issuance of waiver.
The Department or a single contractor shall issue a certificate of emission inspection with an indicator to show that the vehicle has received a waiver if:
(1) The subject vehicle has failed the initial emission inspection, qualifying repairs have been completed and the subject vehicle has failed the retest.
(2) Emission control devices, as originally equipped, are installed. Vehicles with emission devices which are obsolete and cannot be obtained through the original equipment manufacturer, aftermarket manufacturers or suppliers of used parts are exempt from this paragraph. Specific reporting requirements shall be completed and maintained as specified by the Department in this section and Appendix A (relating to acceleration simulation mode: Pennsylvania procedures, standards, equipment specifications and quality control requirements.)
(3) The amount spent on qualifying repairs for a basic emission inspection:
(i) Would exceed $50 for 1974 and newer model year vehicles.
(ii) Would exceed $25 for pre-1974 model year vehicles.
(iii) Is recorded on the written estimate stating the general problem, the necessary major parts replacement items and the total necessary repair and labor costs which would exceed the total cost limitations.
(iv) Does not include costs for repairs performed on the vehicle before the initial test failure.
(v) Does include parts costs and labor costs paid for emission repair services performed on the vehicle if paid by the vehicle owner.
(vi) Does not include labor costs when work was performed by the vehicle owner or nonmechanic.
(vii) A low emission tune-up was performed within the cost limitations listed in subparagraph (i) or (ii).
(4) For an enhanced emission inspection, the procedure shall be as described in Appendix A and the amount spent on qualifying repairs shall:
(i) Be at least $150 for the 2-year period after commencement of the program in the affected area, and which thereafter shall be subject to annual adjustment as described in § 177.282 (relating to annual adjustment of minimum waiver expenditure).
(ii) Include charges for electronic diagnostic inspection, parts costs and labor costs paid for qualifying emission repair services performed on the vehicle if paid by the vehicle owner and if the qualifying repairs were performed by a recognized or certified repair technician. For qualifying emission repair services performed by someone other than a recognized or certified repair technician, the cost of parts but not labor utilized by nonrepair technicians may apply toward the waiver limit. The cost of parts for the repair or replacement for the following emission control components may be applied: oxygen sensor; catalytic converter; thermal reactor; EGR valve; fuel filler or gas cap; evaporative canister; PCV valve; air pump; distributor; ignition wires; coil; spark plugs; and power train management system. The cost of hoses, gaskets, belts, clamps, brackets or other accessories directly associated with these components may also be applied to the waiver limit. These repairs shall have been performed no more than 60 days prior to the initial emission inspection test.
(iii) Be considered qualifying if they are appropriate to the cause of the test failure.
(iv) Exclude expenses which are incurred in the repair of emission control devices which are:
(A) Found to be tampered with.
(B) Rendered inoperative.
(C) Not installed.
(v) Exclude costs recoverable under an emission warranty, insurance policy or prepaid maintenance agreement. These recoverable cost repairs shall be used before necessary repair costs can be applied toward the waiver cost limitations. The operator of a vehicle within the statutory age and mileage coverage under section 207(b) of the Clean Air Act (42 U.S.C.A. 7525(b)) shall present a written denial of warranty coverage from the manufacturer or authorized dealer for this provision to be waived.
(vi) Exclude the fee for emission inspection.
(vii) Exclude charges for giving a written estimate of needed repairs, except that the fee for an electronic diagnostic inspection may be included.
(viii) Exclude charges for checking for the presence of emission control devices.
(4) The vehicle owner or driver shall present the original of repair bills or receipts for parts to the inspection station to demonstrate compliance with the qualifying dollar amount for that year. The bills shall:
(i) Include the name, address and telephone number of the repair facility.
(ii) Describe the repairs that were performed.
(iii) State the labor or parts costs, or both, for each repair.
(iv) State on the written estimate the general problem, the necessary major parts replacement items and the total necessary repair and labor costs which would exceed the total cost limitations.
(5) Upon completion of waiver requirements and a visual check to determine that repairs were actually made, a certificate of emission inspection with a waiver indicator shall be affixed to the subject vehicle.
(6) Vehicles subject to an enhanced emission test may be issued a certificate of emission inspection with a waiver indicator without meeting the emission test standards of § 177.204 (relating to emission standards) if, after failing an emission retest, a complete, documented physical and functional diagnosis and inspection performed by emission inspection station personnel shows that no additional emission related repairs are needed.
§ 177.282. Annual adjustment of minimum waiver expenditure for enhanced emission inspection areas.
The minimum expenditure for the first 2 years after commencement of the program in an affected area is $150. Beginning with the 3rd year of the program in an affected area, an expenditure of at least $450 shall be required to qualify for a waiver. The $450 expenditure shall be adjusted annually in January of each year by the percentage, if any, by which the Consumer Price Index for the preceding calendar year differs from the Consumer Price Index for 1989. The procedure for using the Consumer Price Index for determining the minimum waiver expenditure shall be as follows:
(1) The Consumer Price Index for a calendar year is the average of the Consumer Price Index for all-urban consumers published by the United States Department of Labor, as of the close of the 12-month period ending on August 31 of each calendar year.
(2) The revision of the Consumer Price Index which is most consistent with the Consumer Price Index for calendar year 1989 shall be used.
§ 177.283. (Reserved).
CERTIFICATES OF EMISSION INSPECTION PROCEDURES § 177.291. Certificates of emission inspection procedures.
(a) Certificates issued. The Department will issue a certificate of emission inspection, through an official emission inspection station, valid until the next scheduled emission inspection, for a subject motor vehicle which meets both the following:
(1) The motor vehicle has passed an inspection or reinspection performed by the emission inspection station.
(2) The motor vehicle has all required emission control devices installed under § 177.281 (relating to issuance of waiver).
(b) Certification procedures.
(1) Motor vehicles inspected under safety inspection regulations existing on October 1, 1997, shall have their registration card checked by the examining inspector for an I/M designated code printed on the registration card.
(2) A registration card containing the designation I/M shall indicate that the vehicles shall be emission inspected.
(3) A motor vehicle with a registration card containing the designation ''emission inspection required'' shall have a specified I/M indicator insert placed on the proper certificate of safety inspection and affixed to the windshield upon passing safety inspection.
(4) A subject vehicle shall be required to undergo an annual emission inspection and, with the exception of vehicles which receive a waiver under § 177.281 (relating to issuance of waiver) may not exceed the emission standards specified in § 177.204 (relating to emission standards). Upon compliance or issuance of a Certificate of Waiver an emission inspection sticker shall be affixed to the immediate right (when viewed from the driver's position) of the safety inspection sticker or, in the case where a truck weight class sticker is present, to the immediate right (when viewed from the driver's position) of the truck weight class sticker.
(5) If the vehicle fails the emission inspection, no certificate of emission inspection may be issued except under § 177.281.
(6) A motor vehicle bearing a specified safety inspection sticker with an I/M Indicator Insert which does not have a currently valid emission inspection sticker affixed to the windshield shall be in violation of section 4703 of the Vehicle Code (relating to operation of vehicle without official certificate of inspection) and shall be subject to the penalties and fines provided in the Vehicle Code.
(c) Unauthorized display of certificate of emission inspection. A certificate of emission inspection may not be marked and affixed to a vehicle until it has successfully passed emission inspection requirements of Chapters 45 and 47 of the Vehicle Code (relating to other required equipment; and inspection of vehicles) and this chapter.
(d) Required information. The required information on the rear of the certificate of emission inspection shall be completed in permanent ink.
(e) Inspection cycle. The proper I/M monthly insert for certificate of emission inspection shall be coordinated with the vehicle safety inspection. Vehicles which are emission inspected shall receive an inspection for no more than 15 months and no less than 3 months, based on the vehicle's registration month and charts supplied by the Department.
(f) Affixing certificate. The certificate of emission inspection shall be affixed to the vehicle only at the premises of the official emission inspection station and on a portion of the premises located within 100 feet and on the same side of the street as the official emission inspection station. Certificates of emission inspection may not be issued or affixed at any other area or location.
(1) The surface on which the sticker is to be attached shall be wiped dry and clean of road film, grease or moisture for proper adhesion. The following instructions apply:
(i) Clean the glass thoroughly.
(ii) Remove the protective slip sheet from the adhesive side of sticker.
(iii) Place the proper monthly indicator insert in the appropriate position so that month and year of expiration are visible to oncoming traffic.
(iv) Position the sticker carefully to the immediate right (when viewed from the driver's position) of the current certificate of safety inspection or, where a truck weight class sticker is present, to the immediate right (when viewed from the driver's position) of the truck weight class sticker. Press firmly until tightly affixed to the windshield.
(2) It shall be the responsibility of the certified emission inspector to affix the certificate of emission inspection. Only the certified emission inspector who performed the entire emission inspection shall affix the certificate of emission inspection to the vehicle.
(g) Faulty inspection. A deviation or change in the procedure specified in this section shall be considered a faulty inspection and the certificate of emission inspection issued as a result shall be void.
(h) Unauthorized display of certificate of emission inspection. A certificate of emission inspection may not be marked and affixed to a vehicle until the vehicle has successfully passed an emission inspection meeting the emission requirements of Chapters 45 and 47 of the Vehicle Code (relating to other required equipment and inspection of vehicles) and this chapter.
(i) Data entry errors. If a data entry error occurs, the error and the error correction shall be clearly noted on the computerized record of inspection.
(j) Voided certificates of emission inspection. If it is necessary to void a certificate of emission inspection, the certificate number and the reason shall be clearly noted on the computerized record of inspection.
§ 177.292. Recording inspection.
(a) Fraudulent recording. Fraudulent recording of required data or other forms and cards will be considered cause for suspension of inspection privileges.
(b) Proper forms. The emission inspection inspector shall enter required data into the emission analyzer and record required information on the proper and applicable report forms and place his signature in the appropriate columns designated. This shall be done immediately following the emission inspection.
(c) Certificate of waiver. For basic inspection program areas, a Certificate of Waiver Form shall be completed and maintained at the emission inspection station for every emission certificate of waiver issued. Information required on the form shall be completed and shall correspond exactly to the subject vehicle for which the waiver was issued. For enhanced emission inspection areas, the electronic waiver process shall be completed on the inspection analyzer. A waiver insert, as supplied by the Department, shall be placed on each emission certificate of inspection issued through the waiver process. The certificate of waiver form may be collected or the results of the electronic waiver process may be reviewed by the Department or its designee on an unannounced periodic basis.
(d) Nonrelated items. Gas, oil or other nonrelated items may not be included in the total charges for emission inspection.
(e) Supply. A supply of report sheets and other emission forms may be obtained from the Vehicle Inspection Division.
ON-ROAD TESTING § 177.301. Authorization to conduct on-road emission testing.
The Department will conduct on-road testing of subject vehicles as authorized in section 4704(a)(4) of the Vehicle Code (relating to inspection by police or Commonwealth personnel).
§ 177.302. On-road testing devices.
Testing may include the use of remote sensing devices or systematic roadside checks using tailpipe exhaust testing devices.
§ 177.303. (Reserved)
§ 177.304. Failure of on-road emission test.
The owner or operator of a subject vehicle that was required to have an enhanced emission inspection and that fails an on-road emission test shall have 30 days following notice of the failure in which to have the failed vehicle pass an enhanced emission inspection or to produce evidence that the subject vehicle has a valid emissions test waiver.
§ 177.305. Failure to produce proof of correction of on-road emission test failure.
If the owner of a subject vehicle fails to produce, within 30 days following notice of the failure of an on-road test, evidence that the vehicle has passed an emission inspection or evidence that the vehicle has a valid emissions inspection test waiver, the Department will recall the vehicle's registration. The vehicle may not be driven on the roads of this Commonwealth except as permitted under section 4703(b)(11) of the Vehicle Code (relating to operation of vehicle without official certificate of inspection).
Subchapter D. OFFICIAL EMISSION INSPECTION STATION REQUIREMENTS GENERAL
Sec.
177.401. Appointment. 177.402. Application. 177.403. Approval of emission inspection station. 177.404. Required certificates and station signs. 177.405. Emission inspection areas. 177.406. Tools and equipment. 177.407. Hours of operation. 177.408. Certified emission inspectors. OBLIGATIONS AND RESPONSIBILITIES OF STATION OWNERS/AGENTS
177.421. Obligations and responsibilities of station owners/agents. 177.422. Commonwealth enhanced emission inspection stations. 177.423. Fleet basic and emission inspection stations. 177.424. General emission inspection stations. 177.425. Security. 177.426. Ordering certificates of emission inspection. 177.427. Violations of use of certificate of emission inspection. QUALITY ASSURANCE
177.431. Quality assurance. GENERAL § 177.401. Appointment.
(a) Authority. For the purpose of establishing a system of official emission inspection stations, the Bureau will issue certificates of appointment to facilities within this Commonwealth that comply with the Vehicle Code and this title. Official basic and enhanced emission inspection stations are authorized to conduct basic and enhanced emission inspections and issue official certificates of emission inspection.
(b) Certificate of appointment. The certificate of appointment for emission inspection stations will be issued only when the Bureau is satisfied that the station is properly equipped and employs certified basic or enhanced emission inspectors, as applicable, to perform basic or enhanced emission inspections. Only those stations fulfilling Department requirements and complying with this chapter will be issued an emission certificate of appointment. Prior involvement with a suspended inspection station may be sufficient cause to deny appointment. The emission certificate of appointment shall be conspicuously displayed at the place for which issued, in accordance with 75 PA C.S. § 4722 (relating to certificate of appointment).
(c) Certificate not assignable. A certificate of appointment for an emission inspection station may not be assigned or transferred to another person, business entity or location and shall be valid only for the person or business entity in whose name it is issued and for transaction of business at the place designated therein.
(d) Valid certificate required. No person may represent any place as an official emission inspection station unless the station is operating under a valid certificate of appointment issued by the Bureau.
(e) Inspection stations with common access. An emission certificate of appointment will not be issued for operation of an official emission inspection station on a part of the premises of another official emission inspection station which utilizes the same access. This subsection does not apply where the inspection stations have separate internal accesses, though sharing a common external access.
(f) Suspended inspection stations. An emission certificate of appointment will not be issued for operation of an official emission inspection station on a part of the premises of an official emission inspection station which has been suspended if the owner of the suspended station continues to conduct any type of business which utilizes the same access. This subsection does not apply where the station and the other business each have a separate internal access, though sharing a common external access.
§ 177.402. Application.
(a) Form. The applicant shall file one copy of the Official Emission Inspection Station Update/Official Emission Inspection Station Application, with the Bureau. A separate application shall be made for each place of business.
(b) Bond or proof of insurance.
(1) An applicant for a certificate of appointment shall furnish a bond, on a form prescribed by the Department, or proof of insurance as required by section 4722(c) of the Vehicle Code (relating to certificate of appointment).
(2) The bond or insurance shall be in the amount of $10,000 for each place of business and shall provide compensation to a vehicle owner for damage the vehicle may sustain while it is in the possession of the emission inspection station.
(3) The bond or insurance shall be renewed each year.
(4) Cancellation of the bond or insurance shall automatically void the certificate of appointment. Inspections shall cease until the Bureau receives a new bond or proof of insurance.
(c) Specification of type. The application shall indicate the type of emission inspection station authorization applied for, that is, Commonwealth, general or fleet.
(d) Applicant. The applicant shall be the owner of the business or, in the case of a corporation, some other person specifically authorized to sign the application:
(1) The applicant shall be 18 years of age or older.
(2) If the applicant is a corporation, co-partnership or association, the application shall be signed by an officer, partner or associate, or some other person specifically authorized to sign the application.
(i) The person who signs the application shall be 18 years of age or older.
(ii) Except in the case of an executive officer, partner or associate, written evidence of the authority of the person to sign the application shall be attached to the application and attested to by a partner, or corporation or association officer.
§ 177.403. Approval of emission inspection station.
(a) Investigation. A quality assurance officer or other authorized Commonwealth representative or agent will conduct an investigation of each applicant to determine full compliance with Chapter 47 of the Vehicle Code (relating to inspection of vehicles) and this chapter.
(b) English comprehension. The applicant and each certified emission inspector shall be sufficiently versed in the English language to understand the Vehicle Code and this chapter.
(c) Issuance and display of certificate. Upon approval of the application by the Bureau, a certificate of appointment will be issued to the applicant for the place of business within this Commonwealth as set forth in the application. Emissions inspections may not be performed unless a certificate of appointment has been issued to and is prominently displayed at the officially designated station.
§ 177.404. Required certificates and station signs.
After appointment the owner of an emission inspection station shall prominently display the following:
(1) A certificate of appointment for each type of emission inspection station approved for the location.
(2) A sign clearly stating the fee for inspection, that the fee is the same whether the vehicle passes or fails, that the fee for inspection includes the cost of labor for the inspection, but not the cost of parts, repairs and adjustments, and that no additional charge shall be made by the inspecting station for one necessary reinspection within 30 days of the original inspection. Fleet and Commonwealth stations are exempt from this paragraph.
(3) The current list of certified emission inspectors.
(4) An approved official emission inspection sign outside of the garage that is clearly visible to the public. This sign shall have a keystone design which is at least 24 inches high and 21 inches wide. The background shall be navy blue with gold lettering. The station number plate shall be at least 3 inches high and at least 13 inches wide. The background shall be green with white station numbers. If a keystone designated sign is already present, the station number shall be placed below present plates. If hung from a bracket, the sign shall be double faced. Fleet and Commonwealth emission inspection stations are exempt from this paragraph.
(5) A sign clearly providing the location and telephone number of the quality assurance officer or the Vehicle Inspection Division.
§ 177.405. Emission inspection areas.
(a) Emission inspections shall be conducted within approved enclosed or outside inspection areas that are safe, sound, well ventilated, and in good repair and condition.
(1) Emission inspections shall be conducted within an approved enclosed building when outside temperatures are below 35°F or above 110°F or relative humidity exceeds 85%, or when it is precipitating.
(2) Emission inspections may be conducted in an approved area outside an enclosed building when outside temperatures are between 35°F and 110°F with from 0 to 85% relative humidity and if there is no precipitation. The analyzer shall remain within the approved enclosed building at all times but the probe and exhaust gas hose may be extended outside to the vehicle being inspected.
(b) Anticipated alterations or changes affecting the condition, size or safety of inspection areas shall be reported to the Quality Assurance Officer within 5 days of the anticipated alteration or change.
(c) The floor shall be of a hard, clean surface and in sound, smooth condition. Dirt floors will not be approved.
(d) The inspection area shall be free of obstructions, including shelves, work benches, partitions, displays, machinery and stairways, unless, in the opinion of the Quality Assurance Officer, the obstruction does not protrude into the area far enough to curtail or interfere with inspection.
(e) Enhanced emission inspection stations shall be at least 12 feet by 22 feet.
§ 177.406. Tools and equipment.
(a) General requirements. Official emission inspection stations shall have tools and equipment in good, satisfactory operating condition to be able to conduct emission inspections upon a subject vehicle. Tools required shall include the following:
(1) Portable light.
(2) Socket set.
(3) Screw drivers (assorted).
(4) Floor jack.
(5) Pliers (assorted sizes).
(6) Floor stands (two).
(7) Tachometer.
(8) Vacuum gauge.
(9) Hand vacuum pump.
(10) Dwell meter.
(11) Timing light.
(12) Spark plug gapper.
(13) Propane enrichment set.
(14) Ohms resistance gauge.
(15) Wheel chocks.
(16) Approved emission inspection and maintenance textbooks/workbooks or electronic or computerized medium with supplements and current changes and approved handbooks and manuals.
(17) Exhaust emission analyzer approved by the Bureau and certified by the manufacturer as meeting or surpassing specifications set forth in subsection (b).
(18) PCV tester.
(19) Approved dynamometer, where applicable.
(20) Digital multimeter, if applicable.
(b) Analyzer specifications. Exhaust emission analyzers approved by the Bureau shall meet the following requirements:
(1) Conform, as applicable, to the following requirements:
(i) For basic emision program areas, meet the specifications in the BAR 80 and Appendix B (relating to Department procedures and specifications), and meet section 207(b) of the Federal Clean Air Act (42 U.S.C.A. § 7541(b)) regarding warranty specifications.
(ii) For enhanced emission program areas, meet PA 97 equipment specifications as provided in Appendix A (relating to acceleration simulation mode: Pennsylvania procedures, standards, equipment specifications and quality control requirements) and meet section 207(b) of the Federal Clean Air Act (42 U.S.C.A. § 7541(b)) requiring warranty specifications.
(2) Conform with the following minimum specifications:
(i) Upon the activation of the emission test, the Automatic data collection unit or VIID, as applicable, shall automatically set the standard required for comparison as defined in § 177.204 (relating to emission standards). Standards shall be field programmed by the manufacturer or provided by the vehicle inspection information database, as applicable.
(ii) Approved exhaust emission analyzers shall be powered by alternating current.
(iii) The sample probe shall meet or surpass BAR 80 or PA 97, as applicable, sample probe requirements and be capable of being placed in the tailpipe a minimum of 10 inches with a device, if necessary, to preclude sample dilution.
(3) Field calibration gases. Field calibration gases shall meet the following standards:
(i) Basic emmission inspection program test equipment 1.6% CO, 600 ppm propane; and 11% CO2, the carrier gas in nitrogen, with a 5% blend tolerance and a certified analytical accuracy of +/-2%. More than three gas blends are acceptable if the 1.6% CO, 600 ppm propane and 11% CO2 concentrations with a 5% blend tolerance and +/-2% accuracy are maintained. Accuracy of the field calibration gases traceable to National Bureau of Standards (NBS) standard gas +/-2% shall be certified by the individual gas blender and attested to in affidavit form to the Department by a corporate officer. A concentration label stating the gas standard manufacturer's name and production location, batch number and container fill date shall be affixed to the container. Gases used shall be secured from Bureau approved gas blenders. The seller of emission analyzers sold, used or contracted shall have a full gas container installed and operational at time of delivery.
(ii) Enhanced emission inspection test equipment. The calibration gases shall be as specified in Appendix A (relating to acceleration simulation mode: Pennsylvania procedures, standards, equipment specifications and quality control requirements).
§ 177.407. Hours of operation.
Emission inspection stations shall be open for business a minimum of 5 days per week, 40 hours, Monday through Friday between 7 a.m. and 5 p.m. This section may be waived by the Bureau upon written request of the inspection station owner and prior approval of the quality assurance officer. To qualify for a waiver from the provisions of this section, 50% of the working hours shall be between 8 a.m. and 5 p.m. Monday through Friday. This section does not apply to:
(i) Commonwealth or fleet emission inspection stations,
(ii) Emission inspection stations owned and operated by more than one owner to do test-only inspections.
§ 177.408. Certified emission inspectors.
(a) General rule. Personnel who perform enhanced emission inspections at each emission inspection station will be certified by the Department as basic or enhanced emission inspectors, as applicable. The enhanced emission inspection shall be completely performed by certified enhanced emission inspectors.
(b) Multiple stations. A certified emission inspector may work at more than one emission inspection station.
(c) Certified enhanced emission inspector requirements. An inspector desiring to be certified to perform enhanced emission inspections shall:
(1) Be 18 years of age or older.
(2) Possess a valid Pennsylvania driver license.
(3) Have done the following:
(i) Completed an enhanced emission inspection training course, approved by the Department, that included, at a minimum, information on the following:
(A) The air pollution problem, including its cause and effects.
(B) The purpose, function and goal of the inspection program.
(C) Emission inspection regulations and procedures of the Commonwealth.
(D) Technical details of the test procedures and the rationale for their design.
(E) Emission control device function, configuration and inspection.
(F) Test equipment operation, calibration and maintenance.
(G) Quality control procedures and their purpose.
(H) Public relations.
(I) Safety and health issues related to the inspection process.
(ii) Passed a required written test with a minimum of 80% correct test responses.
(iii) Proved, through means of a computer-based training/testing (CBT) procedure under supervision of a certified educational instructor or other qualified Commonwealth employe or agent, the ability to perform a complete emission inspection, to properly utilize test equipment and to follow other required test procedures as prescribed in §§ 177.202, 177.203, 177.271 and 177.272. The inability to properly conduct the test procedures shall constitute refusal of certification.
(4) Complete a refresher training course, under procedures established by the Department which are stated in Appendix B, or pass the required written test every 2 years.
(d) Certified basic emission inspector requirements. An inspector desiring to be certified to perform basic emission inspections shall:
(1) Be at least 18 years of age.
(2) Have:
(i) Completed a required emission course.
(ii) Passed a required written test.
(iii) Satisfactorily proven, under supervision of the instructor, the ability to perform a complete emission inspection and analyzer calibration.
(iv) Filed proper application forms.
(3) Renew his certification every 2 years under procedures established by the Department.
(e) Identification. While conducting inspections, a certified enhanced emission inspector shall have in his possession a currently valid inspector basic or enhanced emission inspection certification card issued by the Department.
(f) Names of inspectors. The names of certified emission inspectors and their inspector certification numbers shall be placed on the Current List of Certified Emission Inspectors form which shall be posted in a conspicuous location at the emission inspection station.
(g) Number of inspections. The number of inspections performed by a certified enhanced emission inspector may not exceed more than 12 subject vehicles per hour for the basic or enhanced one or two-speed idle emission inspection and 6 inspections per hour utilizing ASM test equipment and procedures.
OBLIGATIONS AND RESPONSIBILITIES OF STATION OWNERS/AGENTS § 177.421. Obligations and responsibilities of station owners/agents.
(a) Personal liability. It is the responsibility of the owner of an enhanced emission inspection station:
(1) To conduct the business of the official enhanced emission inspection station honestly and in the best interests of the Commonwealth, under the Vehicle Code and this chapter and, except in the case of a fleet or Commonwealth emission inspection station, to make every reasonable effort to inspect all vehicles upon request.
(2) To make official emission inspection regulations and supplements available for the use of all certified emission inspectors and other employes involved.
(3) To notify within 5 days the quality assurance officer and the Vehicle Inspection Division when a certified emission inspector is hired, resigns or is dismissed.
(4) For basic emission inspection stations, to keep, at the station, for 2 years, current emission inspection records for examination by the quality assurance officer or other authorized persons. For enhanced emission inspection stations, emission inspection records will be maintained on the VIID.
(5) To assume full responsibility for providing the vehicle emission test report to motorists after testing and to have the possible repair requirements stated on a form provided to the vehicle owner or operator.
(6) To keep, at the station, as applicable, for 2 years, duplicate copies of completed Certificate of Emission Requisition Forms, repair order forms related to waivers and the original Certificate of Waiver Forms, and other required forms.
(7) To assume full responsibility, with or without actual knowledge, for:
(i) Every emission inspection conducted at the emission inspection station.
(ii) Every emission inspection waiver delivered by a certified repair technician at the emission inspection station.
(iii) Every certificate of emission inspection issued to the emission inspection station.
(iv) Every violation of the Vehicle Code or this chapter related to emission inspections committed by an employe of the emission inspection station.
(v) Maintaining an adequate supply of current certificates of emission inspection and inserts for issuance.
(8) To perform, as applicable, required maintenance and calibration procedures of emission analyzers according to procedures established by the Department and perform electronic zero and span checks hourly during periods of operation and weekly leak checks.
(9) For basic emission inspection stations, to complete and retain at the station, for 2 years, weekly emission analyzer maintenance and calibration records. The emission analyzer calibration record shall be submitted to the designated Department officials or representatives upon request. The records for enhanced emission inspection stations may be maintained on the VIID.
(10) To place an emission analyzer out of service when calibration cannot be performed according to procedures established by the Department.
(11) To maintain instrument calibration test results.
(i) For basic emission inspection stations, the analyzer manufacturer or other approved service representative shall write maintenance and calibration information on the Emission Analyzer Maintenance and Calibration Report. This report shall be maintained at the station for 2 years.
(ii) For enhanced emission inspection stations, the information required in this paragraph shall be entered into the VIID by the analyzer manufacturer or other approved service representative as directed by the Department.
(12) To enter into an agreement with the manufacturer or distributor supplying an emission analyzer or other approved service provider to provide the analyzer calibration on the station premises as required by this chapter.
(13) For basic emission inspection stations, to maintain a copy of the inspection report for each inspection. The reports shall be kept in sequential test order whether a sticker is issued or not. Inspection reports shall be completed and signed by the emission inspector. Sticker information may be maintained on an Emission Inspection Record form for each emission inspection. The inspection reports shall be maintained for 2 years. For enhanced emission inspection stations, this information shall be entered into the VIID.
(14) To maintain adequate numbers of current certificates of emission inspection and inserts for issuance.
(i) Data entry errors. If a data entry error occurs, the error and the error correction shall be clearly noted.
(ii) Voided stickers. If it is necessary to void a sticker, the sticker number and the reason shall be clearly noted.
(b) Certificate of appointment. A certificate of appointment is not assignable and is valid only for the owner in whose name it is issued.
(1) If there is a change of ownership, the certificate of appointment, unissued certificates of inspection and inspection material shall be surrendered to the quality assurance officer within 5 days. If the new owner desires to continue providing emission inspections, the owner shall submit an Official Emission Inspection Station Update/Official Emission Inspection Station Application to the Bureau. An investigation of the premises will be conducted by the inspection station investigator.
(2) In the following circumstances, it is not necessary to surrender unissued certificates of emission inspection; however, inspections may not be conducted until the new ownership has been approved and a new certificate of appointment has been issued:
(i) Creation, modification or termination of a partnership.
(ii) Incorporation of a business.
(iii) Transfer of the controlling interest in a corporation.
(iv) Transfer of ownership to a spouse, child or parent.
(3) If there are changes of location of an emission inspection station:
(i) An Official Emission Inspection Station Update/Official Emission Inspection Station Application shall be completed and submitted to the Bureau.
(A) An investigation of the premises shall be conducted by the quality assurance officer.
(B) Certificates of inspections shall be audited by the quality assurance officer or his supervisor and will be retained by the station owner.
(ii) An emission inspection may not be made at the new location until it has been investigated, an approved emission analyzer has been installed and calibrated by an approved emission analyzer manufacturer or other approved service representative, and a new certificate of appointment has been issued by the Bureau.
(iii) A quality assurance officer will pick up all current emission certificates of inspection and retain them until the new location is approved, if the new location is not approved at the time of investigation.
(4) Emission inspections shall be discontinued if:
(i) The owner vacates, abandons or discontinues the inspection business with or without notice to the Bureau and the quality assurance officer and supervisor. The quality assurance officer or supervisor will pick up all certificates of emission appointment, records and all other emission inspection materials and return them to the Bureau.
(ii) The owner is deceased and if a member of the family or a partner wishes to continue the business, a new application for appointment shall be submitted to the Department.
(iii) If station owner does not pay for required services rendered by the vendor or other approved service provider, the vendor or other approved service representative may file a written complaint with the Department, and the Department, after providing the opportunity for a hearing, may suspend the certificate of appointment until payment has been made.
(5) The following events shall be reported at once to the quality assurance officer and the Bureau; however, it is not necessary to discontinue inspections:
(i) Whenever certificates of emission inspection are damaged, lost or stolen. Telephone communication to the Bureau within 5 days of the event shall be required providing the serial number of each missing emission certificate.
(ii) Whenever a certified emission inspector or a person authorized to purchase certificates of inspection is dismissed or resigns, as long as emission inspections are performed by another certified emission inspector.
(iii) Whenever changes in a post office address of an emission inspection station, not location, occur, they shall be reported in writing within 30 days to the quality assurance officer and the Bureau on an Official Emission Inspection Station Update/Official Emission Inspection Station Application.
(iv) Whenever changes of the company name, not ownership, occur, they shall be reported within 30 days on an Official Emission Inspection Station Update/Official Emission Inspection Station Application.
(v) Whenever a person who signs the Official Emission Inspection corporation is no longer in charge of the emission inspection station:
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[Continued from previous Web Page] (A) A new Official Emission Inspection Station Update/Official Emission Inspection Station Application shall be submitted to the Bureau immediately.
(B) A new letter of authority shall be required for the person signing the Official Emission Inspection Station Update/Official Emission Inspection Station Application.
(6) Whenever a person, whose name is on the Authorized Agents For Receiving Stickers Form, resigns or is relieved of his emission inspection responsibilities, the owner shall complete a new Authorized Agents For Receiving Stickers Form and submit the completed form to the Bureau immediately.
(7) Customer relations shall be governed by the following:
(i) The garage owner or certified emission inspector shall consult the vehicle owner for permission before emission adjustments are made.
(A) Permission may be established at the time the vehicle is brought to the station or after it is determined to what extent adjustments are needed.
(B) The vehicle owner is allowed to perform his own adjustments, or to select anyone he chooses to do the work for him.
(ii) Parts replaced as a result of inspection shall be retained until the vehicle is returned to the customer. The customer shall have the right to examine replaced parts.
(iii) Inspection station owners and inspectors should be courteous and patient in explaining to the motorist that the requirements of emission inspection are designed to promote clean air. Employes should clearly understand that the function of an official emission inspection station is to perform emission inspections consistent with this chapter.
(iv) The garage owner, authorized manager or certified emission inspection inspector shall provide notice to customers of the location of the nearest quality assurance officer or the Vehicle Inspection Division.
§ 177.422. Commonwealth basic and enhanced emission inspection stations.
(a) Eligibility. The designation, Commonwealth Enhanced Emission Inspection Station, will be issued to stations owned and operated by the following:
(1) The Federal government.
(2) The Commonwealth.
(3) A political subdivision of the Commonwealth.
(b) General requirements. An applicant for a Commonwealth emission inspection station shall meet the requirements of this chapter, including the requirements for fleet stations.
(c) Certified emission inspection inspector. Each official Commonwealth emission inspection station shall have at least one certified emission inspection inspector.
(d) Method of inspection. A Commonwealth emission inspection station may, by mutual agreement with another governmental body, inspect and issue certificates of emission inspection to vehicles registered in the name of that governmental body. Inspection fees, as defined in this chapter, may be charged for the inspection. Charges may be collected for repairs.
§ 177.423. Fleet basic and enhanced emission inspection stations.
(a) Eligibility requirements for fleet emission inspection stations are as follows:
(1) Minimum number of vehicles. A fleet emission inspection station owner shall own or lease at least 15 subject vehicles.
(2) Authorized subject vehicles. The certificate of appointment shall authorize emission inspection of subject vehicles registered or leased by the fleet emission inspection station owner. Privately owned or registered vehicles of company officers and employes may not be emission inspected at a fleet emission inspection station, even if they are used for business purposes.
(3) Certificate cancellation. The fleet emission inspection certificate shall be cancelled if the number of subject vehicles owned or leased falls below 15, except for a temporary delay in ordering or receiving additional vehicles to supplement the fleet.
(b) Each fleet emission inspection station shall have at least one certified enhanced emission inspection inspector.
(c) Requirements for fleet inspection stations shall include the following:
(1) Applicants for a fleet emission inspection station shall comply with this chapter unless specifically exempted.
(2) Inspection areas shall be large enough to accommodate the largest subject vehicle to be inspected at the fleet emission inspection facility, in addition to meeting the minimum inspection area requirements of § 177.405 (relating to emission inspection areas).
(d) Limited inspection periods and limitations on the length of service requirements are permitted if the station meets the following:
(1) Fleet vehicles subject to emission inspections are registered in the limited inspection periods, as defined in § 177.3 (relating to definitions).
(2) The station owner, in writing, requests the Department to permit a limited inspection period. This request shall specify the month in which emission inspections will be performed.
(3) The station owner submits a copy of the manufacturer/station agreement specifying regulation service commitments for the limited inspection period.
(4) The station owner is granted written Department approval after a station review and a fleet vehicle registration certification is completed. The approval will designate the months in which emission inspections shall be performed.
(5) The station owner performs emission inspections only during months designated by the Department.
(e) Limited inspection period emission analyzer service requirements with accompanying limitations as to the length of service requirements are as follows:
(1) Station owners shall ensure that required manufacturer/station service commitments are in force during this limited period.
(2) Station owners shall pay for costs to bring the approved analyzer into compliance and monthly or quarterly fees required by the manufacturer or other approved service representative during the limited inspection period.
(3) Station owners shall be responsible for notifying the quality assurance officer or the Vehicle Inspection Division of the starting and ending times for the limited inspection periods. Failure to notify the Department may result in cancellation of this privilege.
(4) Station owners may not permit emission inspections to be performed during the limited inspection period until the Department has been notified by the analyzer manufacturer or other approved Commonwealth agent or service representative that the analyzer is in compliance with all requirements and the Department so notifies the station owner. Failure to comply with this paragraph may result in cancellation of limited inspection period privileges.
§ 177.424. General emission inspection stations.
(a) Eligibility. The designation, general emission inspection station, will be issued to stations that emission inspect all subject vehicles, if the station is so equipped.
(b) General requirements. An applicant for a general emission inspection station shall comply with this chapter unless specifically exempted.
(c) Certified enhanced emission inspection inspector. Each general emission inspection station shall have a certified enhanced emission inspection inspector present during normal business hours.
(d) Method of inspection. Subject vehicles shall be inspected consistent with this chapter by a certified emission inspection inspector.
§ 177.425. Security.
(a) Unlawful possession. A person may not knowingly possess certificates of emission inspection which have been illegally purchased, stolen or counterfeited.
(b) Not transferable. Emission inspection stickers are not transferable. They shall only be affixed to the subject vehicle as recorded on the Exhaust Emission Analyzer and the Vehicle Emission Inspection Report sheet or other approved recording medium.
(c) Removal. Certificates of emission inspection may not be removed from a vehicle for which the certificate was issued except to replace it with a new certificate of emission inspection issued under this chapter. This prohibition is not applicable to expired certificates of emission inspection on vehicles registered outside the designated areas. These expired certificates of emission inspection shall be removed only by a certified emission or safety inspection inspector.
(1) A person replacing a windshield or repairing a windshield in a manner which requires removal of a certificate of emission inspection shall, at the option of the registrant of the vehicle, cut out the portion of the windshield containing the emission certificate and deliver it to the registrant of the vehicle or destroy the emission certificate. The vehicle may be driven up to 5 days if it displays the portion of the old windshield containing the emission certificate. Within the 5-day period an appropriate official emission inspection station may affix to the vehicle another certificate of emission inspection for the same period without reinspecting the vehicle in exchange for the portion of the old windshield containing the certificate of emission inspection. A labor fee of no more than $2 may be charged for the exchanged certificate of emission inspection. The replacement may be made at any time prior to the expiration of the certificate of emission inspection.
(i) The portion of the windshield containing the certificate of emission inspection may be retained for audit by the quality assurance officer.
(ii) The replacement certificate of emission inspection shall be recorded on the appropriate record, either hard copy or VIID, showing all information except inspection items.
(iii) Replacement shall be marked on the reverse side of the replacement certificate of emission inspection.
(2) A certificate of emission inspection may not be removed from a vehicle until a complete inspection has been made.
(3) Only one current, valid certificate of emission inspection shall be visible on a vehicle. The old certificate of emission inspection shall be removed and completely destroyed before a new sticker can be affixed after an inspection and approval.
(d) Lock and key. Emission inspection stickers shall be kept under lock and key in a safe place. The station owner shall be solely responsible for their safety and shall account for all emission certificates of inspection issued to the station.
(e) Unused. Unused certificates of emission inspection for an expired period shall be retained by the emission inspection station until audited by the quality assurance officer. After an audit is completed, the quality assurance officer shall destroy them.
(f) Issuance of emission certificates of inspection. Certificates of emission inspection will not be issued by the Bureau to anyone that has not been listed on an executed Authorized Agents for Receiving Stickers Form.
(g) Authorized agents for receiving stickers. The Authorized Agents for Receiving Stickers Form shall be completed upon receipt as instructed on the back side of the form and submitted within 1 day of receipt to the Vehicle Inspection Division whenever:
(1) An employe, whose signature appears on the form, is no longer employed by the station.
(2) The card is defaced, torn or illegible.
(3) An authorized agent is to be added.
§ 177.426. Ordering certificates of emission inspection.
(a) Requisitions. A properly completed Requisition For Official Inspection Sticker Form for certificates of emission inspection and a Sticker Insert Requisition Form for emission inserts shall be submitted to the Department. If certificates of emission inspection or sticker inserts are to be delivered to a mailing address instead of the inspection station address, the mailing address shall be included on every requisition submitted to the Department.
(b) Contents. The following information shall be entered on the order form:
(1) The correct name, address and station number, as shown on the certificate of appointment, shall be entered on every requisition form.
(2) If special delivery is desired, either shipping costs shall be paid by the station to the delivery agent upon receipt of the stickers, or if a sticker requisition is accompanied by a check for special delivery, the check shall be made payable to the Department of Transportation.
(3) The Official Inspection Sticker Form and Sticker Insert Requisition Form shall be completed and forwarded to the Department.
(4) A copy of the requisition or a Department receipt will be returned with the order of certificates of emission inspection shipped from the Department. Station copies of requisitions or Department receipts shall be kept on file at the station for 2 years and shall be made available for inspection upon request of the quality assurance officer or authorized representative of the Department.
(5) Certificates of emission inspection shall be ordered in multiples of 25, with a minimum order of 50 certificates, except that Commonwealth and fleet inspection stations shall order a minimum of 25 certificates.
(6) Incomplete or improper certificates of emission inspection requisitions shall be returned to the official emission inspection station for correction to avoid unnecessary inconvenience or delay. Information shall be rechecked very carefully.
(c) Inventory. Emission inspection stations should anticipate their need for additional certificates of emission inspection.
§ 177.427. Violations of use of certificate of emission inspection.
A person may not:
(1) Make, issue, transfer or possess any imitation or counterfeit of an official certificate of emission inspection.
(2) Display or cause to be displayed on a vehicle or have in possession a certificate of emission inspection knowing the same to be fictitious or stolen or issued for another vehicle or issued without an emission inspection having been made.
(3) Furnish, loan, give or sell certificates of emission inspection and approval to any official emission inspection station or other person except upon an emission inspection performed in accordance with this chapter.
QUALITY ASSURANCE § 177.431. Quality assurance.
The Department will conduct performance audits on a periodic basis to determine whether inspectors are correctly performing the tests and other required functions.
(1) Performance audits may be of two types:
(i) Overt performance audits which may include the following:
(A) A check for appropriate document security, as required by § 177.425(d).
(B) A check to see that required recordkeeping practices are being followed.
(C) A check for licenses or certificates and other required display information.
(D) Observation and written evaluation of each inspector's ability to properly perform an inspection.
(ii) Covert performance audits which may include the following:
(A) Remote visual observation of inspector and inspection station personnel performance, which may include the use of binoculars or video cameras.
(B) Site visits using covert vehicles.
(C) Other activities deemed appropriate by the Department as necessary to maintain the level of quality assurance for the enhanced emission inspection program required by Federal law.
(2) The station owner and the employes of the station owner shall make available information requested by the Department and shall fully cooperate with Department personnel who conduct the audits and other authorized Commonwealth representatives or agents.
(3) Each quality assurance officer shall be audited on an annual basis.
Subchapter E. EQUIPMENT MANUFACTURERS' AND CONTRACTOR'S REQUIREMENTS AND OBLIGATIONS EQUIPMENT MANUFACTURERS' REQUIREMENTS
Sec.
177.501. Equipment approval procedures. 177.502. Service commitment. 177.503. Performance commitment. 177.504. Revocation of approval. CONTRACTOR OBLIGATIONS
177.521. Contractor obligations and responsibilities. EQUIPMENT MANUFACTURERS' REQUIREMENTS § 177.501. Equipment approval procedures.
(a) The manufacturer shall meet the following conditions for interim and final approval for participation in the basic emission inspection program.
(1) Interim approval. The following requirements shall be met for interim approval:
(i) The manufacturer shall provide a certified copy of BAR 80-approved certification of the analyzer to be used.
(ii) The manufacturer shall provide documentation that the automatic data collection system will meet the Pennsylvania Automatic Data Collection system requirements and provide flow descriptions and detailed operations with proposed screens for Automatic Data Collection requirements.
(iii) The manufacturer shall submit a description of the proposed methods the manufacturer or distributor will use to meet Department analyzer specifications, performance commitments, financial commitments, responsibilities and agreements as required by this chapter and the Department's procedures and policies.
(2) Final approval. The following requirements shall be met for final approval:
(i) The manufacturer shall provide a certified copy of BAR 80 approved certification or a certified document stating complete testing compliance with BAR 80 test requirements by a reputable independent testing laboratory that completed the testing.
(ii) The manufacturer shall provide a certified document that the Automatic Data Collection system meets the Pennsylvania Automatic Data Collection system requirements and provide final flow descriptions and diagrams and final detailed operations with final screens.
(iii) The manufacturer shall provide test tapes and printed listing of the test information transmitted to include a minimum of 200 engine tests with a representative sample of all cut points. All cut points shall be tested.
(iv) The manufacturer shall submit a certified signed statement that the description of the methods the manufacturer or distributor will use shall meet or surpass all Department analyzer and dynamometer specifications, performance commitments, financial commitments, responsibilities and agreements as required by this chapter and the Department's procedures and policies.
(b) The manufacturer shall meet the following conditions for interim and final approval for participation in the enhanced emission inspection program:
(1) Interim approval. The following requirements shall be met for interim approval:
(i) The manufacturer shall provide a statement certifying that the test equipment provided will meet all requirements of PA 97 equipment as specified in Appendix A (relating to acceleration simulation mode: Pennsylvania procedures, standards, equipment specifications and quality control requirements), and that the manufacturer will provide certification that the gas analyzer and dynamometer to be used will meet the performance standards of BAR 97 as they apply to the PA 97 analyzer and dynamometer before receiving final approval for the equipment from the Department.
(ii) The manufacturer shall provide a document that the dynamometer will meet all requirements for ASM test equipment as specified in Appendix A and will meet California Bar performance standards as they apply to the PA 97 analyzer and dynamometer prior to receiving final approval for this equipment from the Department.
(iii) The manufacturer shall submit a description of the proposed methods the manufacturer or distributor will use to meet Department analyzer specifications, performance commitments, financial commitments, responsibilities and agreements as required by this chapter and the Department's procedures and policies.
(iv) The equipment manufacturer shall apply to the Department for final approval.
(2) Final approval. The following requirements shall be met for final approval:
(i) The manufacturer shall provide a certified copy of BAR 97 approved certification or a certified document stating complete testing compliance with BAR 97 test requirements by a reputable independent testing laboratory that completed the testing, or certify that the gas analyzer meets all performance standards of California BAR 97 as they apply to the PA gas analyzer.
(ii) The manufacturer shall certify that the approved test equipment will comply with the data collection requirements of this chapter.
(iii) The manufacturer shall provide a document that the dynamometer meets all state and California BAR requirements for ASM test equipment as specified in Appendix A and California BAR 97 specifications or certify that the dynamometer meets all performance standards of California BAR 97 as they apply to the PA dynamometer and ASM test equipment.
(iv) The manufacturer shall provide certification that the description of the methods the manufacturer or distributor will use shall meet or surpass all Department analyzer and dynamometer specifications, performance commitments, financial commitments, responsibilities and agreements as required by this chapter and the Department's procedures and policies.
(v) The manufacturer shall offer as an option an equipment lease arrangement of at least 10 years to prospective equipment purchasers.
(vi) The manufacturer shall offer as an option a ''fee per test'' equipment financing opportunity to prospective equipment purchasers.
(vii) The manufacturer shall offer as an option a provision for installation of emission inspection test equipment, at the request of prospective equipment purchasers.
(viii) The manufacturer shall clearly identify equipment features which are listed as options but which are essential to comply with the program and equipment specifications of this chapter.
(ix) Equipment manufacturers and providers shall receive prior approval from the Department for any costs associated with program software updates or revisions.
(c) Certification. A manufacturer shall cause a corporate officer with administration/operations management responsibility, if a corporation; the general partners, if a partnership; or the owner, if a sole proprietorship, to certify in writing and attest in affidavit form to the Department that the exhaust emission analyzer and dynamometer, if applicable, meets the specifications of this section and quality assurance and that the manufacturer meets or surpasses stated field requirements.
§ 177.502. Service commitment.
(a) Manufacturers and distributors shall provide the following service commitments:
(1) Supply equipment for sale, lease or rent as specified by the purchase order.
(2) Train, at no cost, on the initial visit for installation of the emission analyzer or dynamometer, or both, all certified emission inspection inspectors employed at the time of installation regarding the proper use of the analyzer or the dynamometer, or both, and provide, within 7 days of the request by a station owner or operator, onsite training for additional inspectors for a service fee.
(3) Provide or permit test standards or procedures utilized by test equipment to be modified consistent with Federal requirements for emission inspection programs.
(4) Provide maintenance on purchased or leased equipment within 1 business day of oral or written request from the station. A fee may be charged for this service.
(5) Visit each station at least every 3 months, no less than 80 calendar days and no greater than 95 calendar days from the previous visit or in the case of the initial visit, from the delivery date of the equipment to calibrate the analyzer or other equipment in accordance with Bureau procedures as provided in Appendix A.
(b) Manufacturers and distributors shall offer to equipment purchasers the ability to contract for the following services for additional fees:
(1) Provide service for faulty equipment.
(2) Provide replacement parts and equipment while servicing faulty equipment.
(3) Provide inspections, calibrations, training or maintenance or any combination thereof on a more frequent basis than specified in subsection (a).
(c) Manufacturers or distributors shall permit equipment purchasers to contract with other Department approved service providers for the services specified in subsection (b).
(d) Replacement parts or equipment provided shall be the same as or equivalent to the parts or equipment provided by the original equipment manufacturers.
(e) All Department approved equipment service representatives shall provide the following service commitments:
(1) Maintenance on equipment within 1 business day of an oral or written request from the station. A fee may be charged for this service.
(2) Replacement equipment while servicing faulty equipment. A fee may be charged for this service.
§ 177.503. Performance commitment.
(a) The manufacturer or distributor shall agree that, if it decides to discontinue participation in the program or if its name is removed from the list of approved manufacturers or distributors of emission analyzers by the Department, it will buy back all emission analyzers and dynamometers from the inspection stations which purchased them for an amount equal to the unamortized cost based on straight line amortization over the expected useful life of the analyzer.
(b) The manufacturer or distributor shall agree to provide a specific performance bond, irrevocable letter of credit, a certified check, or bank cashier's check drawn to the order of the Pennsylvania Department of Transportation, or other suitable financial instrument acceptable to the Department in the amount of $1 million initially, and in the amount of an additional $400,000, for every 250 analyzers sold to Pennsylvania certified emission inspection stations. This security will be:
(1) Used to insure that money is available to reimburse certified emission inspection stations for the reasonable value of existing emission analyzers and dynamometers in the event that the manufacturer or distributor goes out of business in this Commonwealth or is removed by the Department from the list of approved manufacturers or distributors for substantial failure to comply with the terms and conditions of the agreement or this chapter.
(2) Used in part or in whole in the event of nonperformance or default of the manufacturer or distributor.
(c) Other Department-approved equipment service providers shall agree to provide a specific performance bond, irrevocable letter of credit, certified check or bank cashier's check drawn to the order of the Pennsylvania Department of Transportation, or other suitable financial instrument acceptable to the Department, in the amount of $200,000. These funds may be used in part or in whole in the event of nonperformance or default of the service provider.
§ 177.504. Revocation of approval.
(a) The Department may, at any time, on the basis of manufacturer or distributor failure to comply with this chapter, Chapter 41 of the Vehicle Code (relating to equipment standards), or any contract or agreement between the manufacturer and the Department, revoke or suspend the manufacturer's or distributor's approval to provide new or replacement emission analyzers and dynamometers to Pennsylvania emission inspection stations, and may remove the manufacturer or distributor's name from the list of approved emission analyzers and dynamometers if the manufacturer or distributor has failed to make satisfactory progress toward correcting notice of failure within 30 calendar days after having received written notice by the Department.
(b) The following shall constitute, together or individually, a default under this subsection and may be cause for revocation of approval, termination of an agreement or forfeiture of security provided in § 177.503(b) (relating to performance commitment):
(1) Failure of emission analyzer equipment or dynamometers, or both, provided by the manufacturer or distributor to certified emission inspection stations to comply with the manufacturer's or distributor's approved application.
(2) Failure, on the initial visit for installation of the emission analyzer or dynamometer, or both, to train all certified emission inspection inspectors employed by the emission inspection applicant stations.
(3) Failure to provide optional contracted services to stations provided any of the listed optional contracted services are specified in the station/manufacturer contract.
(c) Other Department approved equipment service providers shall agree to provide a specific performance bond, irrevocable letter of credit, certified check or bank cashier's check drawn to the order of the Pennsylvania Department of Transportation, or other suitable financial instrument acceptable to the Department in the amount of $200,000. The Department may, at any time, on the basis of the service provider's failure to comply with this chapter, revoke or suspend the approval of other service providers to provide service and parts to certified emission inspection stations.
CONTRACTOR OBLIGATIONS § 177.521. Contractor obligations and responsibilities.
(a) Services to be contracted. The Department intends to contract with a vendor to perform services, including but not limited to, inspection station audits, inspection test data collection, on-road testing and other quality assurance efforts needed to comply with Federal law. The vendor shall be responsible for providing all services as specified in contracts executed with the Department, which shall be available for public review.
(b) Subcontracts. The vendor may subcontract any of these services, with the approval of the Department, but the vendor shall be liable to the Department for the performance of the subcontractor.
(c) Personal liability. The contractor, or those acting as agents of the contractor, shall assume full responsibility for:
(1) Making records available to the Department quality assurance personnel and other authorized Commonwealth personnel during periodic audits.
(2) Providing to the Department, at no cost to the Department, the results of the emission tests conducted at enhanced emission inspection stations. The requirements for data collection and transmission shall be as specified in the contract between the Department and the contractor.
(3) Providing to the Department, at no cost to the Department, the results of inspection station audits and on-road testing. The requirements for data collection and transmission shall be as specified in the contract between the Department and the contractor.
(4) Maintaining copies of test results and other data in the event that there are problems with the online transmission. The copies may be discarded only after notification by the Department that data from the original transmission has been satisfactorily transferred for data processing.
(5) Using computer control of quality assurance checks and quality control charts whenever possible.
Subchapter F. SCHEDULE OF PENALTIES AND HEARING PROCEDURE SCHEDULE OF PENALTIES AND SUSPENSIONS
Sec.
177.602. Schedule of penalties for emission inspection stations. 177.603. Schedule of penalties for emission inspectors. 177.604. Schedule of penalties for certified repair technicians. SCHEDULE OF PENALTIES FOR CERTIFIED REPAIR TECHNICIANS.
177.605 Subsequent violations. 177.606. Multiple violations. DEPARTMENTAL HEARING PROCEDURE
177.651. Notice of alleged violation and opportunity for a Departmental hearing. 177.652. Official documents. RESTORATION AFTER SUSPENSION
177.671. Restoration of certification of an emission inspector after suspension. 177.672. Restoration of certification of an emission inspection station after suspension. 177.673. Restoration of certification of a certified repair technician after suspension. REGISTRATION RECALL PROCEDURE FOR VIOLATION OF §§ 177.301--177.305 (RELATING TO ON-ROAD TESTING)
177.691. Registration Recall Committee
SCHEDULE OF PENALTIES AND SUSPENSIONS § 177.602. Schedule of penalties for emission inspection stations.
(a) Schedule of penalties. The complete operation of an official emission inspection station shall be the responsibility of the owner. Failure to comply with the appropriate provisions of the Vehicle Code or this chapter will be considered sufficient cause for suspension of emission inspection privileges. In addition, violators are also subject to criminal prosecution. Every general, fleet or Commonwealth emission inspection station shall be subject to the following schedule of penalties and suspension:
(1) Schedule of penalties for basic emission inspection stations.
Duration of Suspension
Type of Violation 1st Offense 2nd Offense 3rd and Subsequent Offenses Category 1 (i) ssuance or possession of altered, forged, stolen, or counterfeit certificate of inspection 1 year Permanent (ii) Furnish, lend, give, sell or receive a certificate of inspection without inspection 1 year Permanent (iii) Fraudulent record keeping 1 year Permanent (iv) Improper record keeping 3 months 1 year 3 years (v) Faulty inspection 3 months 1 year 3 years Category 2 (vi) Inspecting more than 12 subject vehicles per hour per emission inspection mechanic 3 months 6 months 3 years (vii) Failure to produce records upon demand by inspection station investigator 3 months 6 months 1 year (viii) Inspection by uncertified mechanic 3 months 6 months 1 year (ix) Unnecessary repairs for purpose of inspection 3 months 6 months 1 year (x) Misstatement of fact 1 month 3 months 1 year (xi) Improper assigning of certificate of inspection 1 month 3 months 1 year Category 3 (xii) Improper certificate of inspection security Warning 3 months 1 year (xiii) Unclean inspection area Warning 3 months 6 months (xiv) Careless record keeping Warning 3 months 6 months (xv) Required tools or equipment missing or broken Warning if tools are repaired or replaced, if not, suspension until tools are repaired or replaced 1 month or until tools are repaired or replaced, whichever is greater 6 months or until tools are repaired or replaced, whichever is greater (xvi) Bad Check Warning, if amount due is paid within 10 days from date notified. If not, suspension until amount due is paid. 3 months or until amount due is paid, whichever is greater. 6 months or until amount due is paid, whichever is greater. Category 4 (xvii) Failure to report discontinuance of business 1 year 2 years Permanent (xviii) Failure to notify the Department of changes of ownership, location or other changes affecting an official inspection station 3 months 6 months 1 year (2) Schedule of penalties for enhanced emission inspection stations.
Duration of Suspension
Type of Violation 1st Offense 2nd Offense 3rd and Subsequent Offenses Category 1 (Fraudulent Activities) (i) Issuance or possession of altered, forged, stolen or counterfeit certificate of emission inspection 1 year and $2,500 fine Permanent and $5,000 fine (ii) Furnish, lend, give, sell or receive a certificate of emission inspection without inspection 1 year & $2,500 fine Permanent & $5,000 fine (iii) Fraudulent recordkeeping 1 year and $2,500 fine Permanent & $5,000 fine Category 2 (Improper Activities) (iv) Faulty inspection 3 months and $1,000 fine 1 year and $2,500 fine 3 years and $5,000 fine (v) Inspecting more subject vehicles per hour per emission inspection inspector than permitted by Section 177.408(f) 3 months 6 months 3 years [Continued on next Web Page]
[Continued from previous Web Page] Duration of Suspension
Type of Violation 1st Offense 2nd Offense 3rd and Subsequent Offenses (vi) Failure to produce records upond demand by Department quality assurance officer or other authorized Commonwealth representative or agent 3 months or until produced 6 months or until produced 1 year or until produced (vii) Inspection by uncertified inspector 3 months 6 months and $1,000 fine 1 year and $2,500 fine (viii) Unnecessary repairs for purpose of inspection 3 months 6 months 1 year (ix) Misstatement of fact 1 month 3 months 1 year (x) Improper assigning of certificate of inspection 1 month 3 months 1 year Category 3 (Careless Activities) (xi) Improper security of certificate of inspection Warning 3 months 1 year (xii) Unclean inspection area Warning Warning 3 months (xiii) Careless recordkeeping Warning Warning 3 months (xiv) Missing or broken tools Warning, if repaired or replaced; if not, suspension until tools are repaired or replaced 1 month or until tools are repaired or replaced, whichever is greater 6 months or until tools are repaired or replaced, whichever is greater (v) Bad Check Warning, if amount due is paid within 10 days from date notified. If not, suspension until amount is paid 3 months or until amount due is paid, whichever is greater 6 months or until amount due is paid, whichever is greater (4) Category 4 (Negligent) (xvi) Failure to report discontinuance of business 1 year 2 years Permanent (xvii) Failure to notify the Department of changes of ownership, location or other changes affecting an official inspection station 3 months 6 months 1 year (b) Assignment of points. If the station owner, manager, supervisor or other management level employe was without knowledge of the violation, the Department may permit the station owner to consent to the acceptance of a point assessment for the station in lieu of suspension.
(1) The station owner bears the burden of proving that the station owner provided proper supervision of the employe who committed the violation, but that the owner's supervision could not have prevented the violation.
(2) By accepting the assessment of points the station owner waives the right to appeal the Department's determination in the case to a court of record. If the station owner refuses to accept the point assessment, the Department will issue the suspension provided in this chapter for the offense committed.
(c) Point determination. When offering a point assessment, in lieu of a suspension, the Department will calculate points in the following manner:
(1) One point will be assessed for every month of suspension which the Department would otherwise impose.
(2) A point assessment will not exceed 8 points for a single violation.
(3) If an inspection station is currently serving a suspension for a violation of this chapter, no point assessment will be made.
(d) Point suspension. The Department will suspend the privileges of an official inspection station for an accumulation of points whenever the station accumulates 10 or more points.
(1) The first occurrence of an accumulation of 10 points or more shall result in a suspension for 2 months for each point over 9 points; the second occurrence of an accumulation of 10 points or more shall result in a suspension for 4 months for each point over 9 points; the third occurrence of an accumulation of 10 points or more shall result in a suspension for 6 months for each point over 9 points.
(2) The fourth occurrence for an accumulation of 10 or more points shall result in a permanent suspension.
(3) Only suspensions issued as the result of an accumulation of points shall be counted in determining whether a suspension for point accumulation's is a second, third or fourth suspension.
(4) If the point record of a station has been reduced to zero, a subsequent accumulation of points that will result in the suspension of the station will be considered first, second, third and fourth suspensions.
(e) Voluntary discontinuance. A certificate of appointment will be cancelled by the Department whenever the owner voluntarily discontinues the operation of an emission inspection station. Remaining emission inspection materials shall be returned to the quality assurance officer upon request of the Department.
(f) Abandonment. A certificate of appointment will be cancelled by the Department, and inspection materials confiscated when the owner of record abandons the place of business and cannot be located.
(g) Sale of business. If an emission inspection station is sold or leased to a new owner, an application will not be considered while the station is suspended or restored pending an appeal of a suspension.
§ 177.603. Schedule of penalties for emission inspectors.
Emission inspectors shall assume full responsibility for their acts as emission inspectors. Failure to comply with the appropriate provisions of the Vehicle Code or this chapter will be considered sufficient cause for suspension of emission inspection privileges. A violator may also be subject to criminal prosecution. After providing the emission inspector with an opportunity for a hearing, the Department may impose suspensions or penalties upon the emission inspector according to the following schedule of offenses for violations:
(1) Schedule of penalties for basic emission inspection inspectors.
Duration of Suspension 3rd and Subsequent Type of Violation 1st Offense 2nd Offense Offenses Category 1 (Fraudulent Activities) (i) Issuance or possession of altered, forged, stolen or counterfeit certificate of inspection 1 year Permanent (ii) Furnish, lend, give, sell or receive a certificate of emission inspection without inspection 1 year Permanent (iii) Fraudulent recordkeeping 1 year Permanent Category 2 (Improper Activities) (iv) Faulty inspection 3 months 1 year 3 years (v) Inspecting more subject vehicles per hour per emission inspection inspector than permitted by § 177.408(g) 3 months 6 months 3 years (vi) Failure to produce records upon demand by Department quality assurance officer or other authorized Commonwealth representative or agent 3 months or until produced 6 months or until produced 1 year or until
produced(vii) Inspection with expired inspector's certificate Warning 4 months 6 months (viii) Improper recordkeeping Warning 2 months 6 months (ix) Improper inspection Warning and $100 fine 2 months and $250 fine 6 months and $500 fine (x) Improper assigning of certificate of inspection Warning 2 months 6 months (xi) Improper security of certificate of emission inspection Warning 2 months 6 months Category 3 (Careless Activites) (xii) Unclean inspection area Warning 1 month 4 months (XIII) Careless recordkeeping Warning 1 month 4 months (XIV) Failure to make vehicle emission inspection test printout available to customer Warning 1 month 4 months (2) Schedule of penalties for enhanced emission inspection inspectors.
Duration of Suspension 3rd and Subsequent Type of Violation 1st Offense 2nd Offense Offenses Category 1 (Fraudulent Activites) (i) Issuance or possession of altered, forged, stolen or counterfeit certificate of inspection 1 year and $500 fine Permanent (ii) Furnish, lend, give, sell or receive a certificate of emission inspection without inspection 1 year and $500 fine Permanent (iii) Fraudulent recordkeeping 1 year Permanent Category 2 (Improper Activities) (iv) Faulty inspection 2 months and $100 fine 1 year and $500 fine 3 years and $1,000
fine(v) Inspecting more subject vehicles per hour per emission inspection inspector than permitted by § 177.408(g) 3 months 6 months 3 years (vi) Failure to produce records upond demand by Department quality assurance officer or other authorized Commonwealth representative or agent 2 months or until produced 6 months or until produced 1 year or until
produced(vii) Inspection with expired inspector's certificate Warning 4 months 6 months (viii Improper recordkeeping Warning 2 months 6 months (ix) Improper inspection Warning and $100 fine 2 months and $250 fine 6 months and $500 fine (x) Improper assigning of certificate of inspection Warning 2 months 6 months (xi) Improper security of certificate of emission inspection Warning 2 months 6 months Category 3 (Careless Activities) (xii) Unclean inspection area Warning 1 month 4 months (xiii) Careless recordkeeping Warning 1 month 4 months (xiv) Failure to make vehicle emission inspection test printout available to customer Warning 1 month 4 months § 177.604. Schedule of penalties for certified repair technicians.
Certified repair technicians shall assume full responsibility for their acts as repair technicians. Failure to comply with the appropriate provisions of the Vehicle Code or this chapter will be considered sufficient cause for suspension of certified repair technician privileges to process requests for and to deliver waivers. A violator may also be subject to criminal prosecution. After providing the certified repair technician with an opportunity for a hearing, the Department may impose suspensions or penalties upon the certified repair technician according to the following schedule of offenses for violations:
Duration of Suspension 3rd and Subsequent Type of Violation 1st Offense 2nd Offense Offenses Category 1 (Fraudulent Activities) (i) Fradulent delivery of emission inspection waiver 1 year Permanent Category 2 (Careless Activites) (ii) Improper delivery of emission inspection waiver 3 months 6 months 1 year (iii) Improper verification of repairs required for issuance of waiver Warning 3 months 6 months SCHEDULE OF PENALTIES FOR CERTIFIED REPAIR TECHNICIONS § 177.605. Subsequent violations.
Determination of second and subsequent violations is made on the basis of previous violations in the same category within a 3-year period.
§ 177.606. Multiple violations.
If multiple violations are reviewed and considered at one Departmental hearing, the Department will impose separate penalties for each violation as required by the schedule of penalties. The Department may direct that a suspension be served concurrently or consecutively. Violations affecting more than one vehicle will be treated as separate violations.
DEPARTMENTAL HEARING PROCEDURE § 177.651. Notice of alleged violation and opportunity for a Departmental hearing.
Except for a penalty or sanction imposed under the contract between the Department and the contractor, a person charged by the Department's quality assurance officers or other authorized personnel to be in violation of this chapter or the Vehicle Code shall have the right to request a hearing regarding the charges. The hearing will be conducted in accordance with the following:
(1) The Department will provide written notice to a dealer, contractor, inspector, certified repair technician or other employe of the contractor of the nature of the alleged violation and of the opportunity and procedure to request a Departmental hearing.
(2) The hearing, if requested, for a violation involving an immediate suspension will take place within 3 days of the request.
(3) The hearing, if requested, for all other violations will take place within 14 days of the request.
(4) The hearing will be conducted by Department personnel at a site established by the Department.
§ 177.652. Official documents.
(a) Whenever an emission inspection station, inspector or certified repair technician is suspended or cancelled, the Department may order the surrender, upon demand, to a quality assurance officer or authorized representative of the Department, of the following items:
(1) Inspector certification card.
(2) Other items pertaining to the certification of the emission inspector to conduct vehicle emission inspections.
(3) Inspection records.
(4) Certificate of appointment.
(5) Signature cards.
(6) Unused certificates of emission inspection
(7) Unused I/M monthly inserts.
(b) Certificates of emission inspection and records confiscated as the result of an investigation will be retained by the quality assurance officer. Certificates of emission inspection and records confiscated as the result of a suspension will be returned to the Department. They will be returned if inspection privileges are restored or the station is reappointed.
RESTORATION AFTER SUSPENSION § 177.671. Restoration of certification of an emission inspector after suspension.
An emission inspector who has had the privilege to conduct emission inspections suspended shall have the certification restored as follows:
(1) A certified emission inspector who has been suspended for a Category 1 violation or on two or more occasions for a violation of Category 2 or Category 3 under this chapter may not have the certification restored unless the emission inspector obtains classroom instruction and passes a written test and a tactile test according to procedures established by the Department.
(2) A certified emission inspection inspector who has not been previously suspended for a violation of Category 2 or Category 3 under this chapter will have the certification restored at the termination of the suspension.
§ 177.672. Restoration of certification of an emission inspection station after suspension.
(a) Restoration after suspensions. Stations that have had their privilege to inspect suspended shall be restored as follows:
(1) Stations that have been suspended as a result of a point accumulation will have their point total reduced to six points upon restoration.
(2) Additional points assessed against the station since the last violation resulting in a suspension will be added to the point record unless the station has served an additional suspension under § 177.602(c)(3) (relating to schedule of penalties for emission inspection stations).
(b) Removal of points. Points assessed against a station shall be removed at the rate of two points for each 12 consecutive months in which the station has not had any additional violations charged against it that could result in additional points. The 12-month period starts at the date of the last violation resulting in points or from the date of restoration of a suspension resulting from an accumulation of points, whichever occurred last.
(c) Subsequent violations. Determination of second and subsequent violations is made on the basis of previous violations in the same category within a 3-year period.
(d) Multiple violations. In the case of multiple violations, considered at one time, the Department will impose separate penalties for each violation as required by the schedule. The Department may direct that a suspension be served concurrently. If the Department permits a station to accept points in lieu of a suspension, the points will be assigned for the more serious violation affecting each vehicle. Violations affecting more than one vehicle will be treated as separate violations.
(e) Application process. After a suspension has been served, inspection privileges will not be restored until an Official Emission Inspection Update/Official Emission Inspection Station Application has been received and processed by the Department. Upon receipt of an application for reappointment following a suspension of more than 3 months, a complete and thorough investigation by the quality assurance officer will be conducted to determine if the applicant qualifies for reappointment under the requirements of the Department. Other applications for reappointment are subject to investigation at the discretion of the Department.
§ 177.673. Restoration of certification of certified repair technician after suspension.
A certified repair technician who has had the privilege to process requests for waivers suspended shall have the certification restored as follows:
(1) A certified repair technician who has been suspended for a Category 1 violation or on two or more occasions for a violation of Category 2 under this chapter may not have the privilege to process requests for and deliver waivers restored unless the certified repair technician passes written tests according to procedures established by the Department.
(2) A certified repair technician who has been suspended for a Category 2 violation and has not been previously suspended for a violation of Category 2 under this chapter will have the privilege to process requests for and deliver waivers restored at the termination of the suspension.
REGISTRATION RECALL PROCEDURE FOR VIOLATION OF §§ 177.301--177.305 (RELATING TO ON-ROAD RESTING) § 177.691. Registration Recall Committee.
(a) Composition. The Registration Recall Committee (Committee) of the Department will consist of a Vehicle Registration Section manager, an Emission Inspection Section manager and the Director of the Bureau or a designee.
(b) Frequency of meetings of Committee. The Committee will meet on the first Monday of each month and as needed.
(c) Basis of recalling registrations. The Committee will recall the vehicle registration when the following conditions are met:
(1) The contractor forwards documentation to the Department that a subject vehicle has failed to pass an on-road emissions test.
(2) The vehicle owner or operator of the vehicle has failed to produce within 30 days of the failure of the on-road emission test evidence that the vehicle has passed a retest or evidence of an emission test waiver.
(d) Determination of the Committee. Upon a determination by the Committee that the subject vehicle had failed an on-road emission test and that the owner or operator of the subject vehicle had failed to produce evidence of a correction of the failure or a waiver, the Committee will issue a letter to the owner or operator of the subject vehicle recalling the vehicle registration until proof of passing an emission test or receiving a waiver has been submitted to the Department.
(e) Appeal. An appeal from the recall of vehicle registration under this section shall be commenced consistent with Chapter 491 (relating to administrative practice and procedure).
APPENDIX AAcceleration Simulation Mode: Pennsylvania Procedures, Standards,
Equipment Specifications and Quality Control Requirements§ 1. ASM Short Test Standards and Calculations.
(a) ASM Emissions Standards
(1) ASM Start-Up Standards
Start-up standards should be used for ASM tests performed from October 1, 1997, through November 30, 1998. The exhaust emissions standards for the following model years are cross referenced by the number in the column in (A)(3) below:
(i) Light Duty Vehicles
Model Years Hydrocarbons Carbon Monoxide Oxides of Nitrogen Table § 1(A)(3)(I) Table § 1(A)(3)(II) Table § 1(A)(3)(III) 1996+ TIER 1 1 21 41 1991-1995 2 22 42 1983-1990 4 23 43 1981-1982 4 26 43 1980 4 26 48 1977-1979 11 30 48 1975-1976 11 30 50 (ii) Light Duty Trucks 1 (less than 6000 pounds GVWR).
Model Years Hydrocarbons Carbon Monoxide Oxides of Nitrogen Table § 1(A)(3)(I) Table § 1(A)(3)(II) Table § 1(A)(3)(III) 1996+ TIER 1 (<3750 LVW) 1 21 41 (>3750LVW) 2 22 42 1991-1995 5 26 43 1988-1990 7 29 44 1984-1987 7 29 49 1979-1983 11 31 49 1975-1978 12 32 50 (iii) Light Duty Trucks 2 (greater than 6000 pounds GVWR).
Model Years Hydrocarbons Carbon Monoxide Oxides of Nitrogen Table § 1(A)(3)(I) Table § 1(A)(3)(II) Table § 1(A)(3)(III) 1996+ TIER 1 (<=5750 LVW) 2 22 42 (>5750 LVW) 5 26 45 1991-1995 5 26 46 1988-1990 7 29 47 1984-1987 7 29 49 1979-1983 11 31 49 1975-1978 12 32 50 (2) ASM final standards. The following exhaust emissions standards will be used for ASM tests performed after November 30, 1998. The exhaust emissions standards for the following model years are cross-referenced by the number in the column in (A)(3) below:
(i) Light Duty Vehicles.
Model Years Hydrocarbons Carbon Monoxide Oxides of Nitrogen Table § 1(A)(3)(I) Table § 1(A)(3)(II) Table § 1(A)(3)(III) 1996+ TIER 1 1 21 41 1983-1995 1 21 41 1981-1982 1 23 41 1980 1 23 45 1977-1979 6 27 45 1975-1976 6 27 48 (ii) Light Duty Trucks 1 (less than 6000 pounds GVWR).
Model Years Hydrocarbons Carbon Monoxide Oxides of Nitrogen Table § 1(A)(3)(I) Table § 1(A)(3)(II) Table § 1(A)(3)(III) 1996+ TIER 1 (<=3750 LVW) 1 21 41 (>3750 LVW) 1 21 41 1988-1995 3 24 42 1984-1987 3 24 46 1979-1983 8 28 46 1975-1978 9 29 48 (iii) Light Duty Trucks 2 (greater than 6000 pounds GVWR).
Model Years Hydrocarbons Carbon Monoxide Oxides of Nitrogen Table § 1(A)(3)(I) Table § 1(A)(3)(II) Table § 1(A)(3)(III) 1996+ TIER 1 (<=5750 LVW) 1 21 41 (>5750 LVW) 1 21 41 1988-1995 3 24 44 1984-1987 3 24 46 1979-1983 8 28 46 1975-1978 9 29 48 (3) ASM 2525 and 5015 concentration tables (although both 2525 and 5015 standards are shown, the Pennsylvania ASM test consists only of the 5015 mode)
(I) ASM2525 and ASM5015 hydrocarbon (PPM C6) Table
Column Number - -> 1 1 2 2 3 3 4 4 5 5 6 6 7 7 8 8 Vehicle ETW 5015 2525 5015 2525 5015 2525 5015 2525 5015 2525 5015 2525 5015 2525 5015 2525 1750 142 136 224 216 257 249 291 282 324 315 374 364 390 381 407 397 1875 134 129 212 205 243 236 275 266 306 297 353 344 368 359 384 375 2000 127 123 201 194 230 223 260 252 289 281 333 325 348 339 363 354 2125 121 116 191 184 219 212 246 239 274 267 316 308 329 321 343 335 2250 115 111 182 175 208 201 234 227 260 253 299 292 312 305 325 318 2375 109 106 173 167 198 192 223 216 247 241 284 277 297 290 309 302 2500 105 101 166 160 189 183 212 206 236 230 271 264 283 276 294 288 2625 100 97 159 153 181 175 203 197 225 219 259 252 270 263 281 274 2750 96 93 152 147 173 168 194 189 216 210 247 241 258 252 269 262 2875 92 89 146 141 167 161 187 181 207 201 237 231 247 241 257 251 3000 89 86 141 136 160 155 180 174 199 194 228 222 237 232 247 241 3125 86 83 136 132 155 150 173 168 191 186 219 214 228 223 238 232 3250 83 80 132 127 149 145 167 162 185 180 211 206 220 215 229 224 3375 81 78 128 123 145 140 162 157 179 174 204 199 213 208 221 216 3500 78 76 124 120 140 136 157 152 173 169 198 193 206 201 214 209 3625 76 74 120 117 136 132 152 148 168 164 192 187 200 195 207 203 3750 74 72 117 114 133 129 148 144 163 159 186 182 194 189 201 197 3875 72 70 114 111 129 125 144 140 159 155 181 177 188 184 196 191 4000 71 68 112 108 126 122 140 137 155 151 176 172 183 179 191 186 4125 69 67 109 106 123 119 137 133 151 147 172 168 179 175 186 181 4250 67 65 107 103 120 117 134 130 147 143 167 164 174 170 181 177 4375 66 64 104 101 118 114 131 127 144 140 164 160 170 166 177 173 4500 65 63 102 99 115 112 128 124 141 137 160 156 166 162 172 169 4625 63 61 100 97 113 109 125 122 137 134 156 152 162 159 169 165 4750 62 60 98 95 110 107 122 119 134 131 153 149 159 155 165 161 4875 61 59 96 93 108 105 120 117 132 128 149 146 155 152 161 157 5000 60 58 94 92 106 103 117 114 129 126 146 143 152 148 157 154 5125 58 57 93 90 104 101 115 112 126 123 143 139 148 145 154 150 5250 57 56 91 88 102 99 112 110 123 120 140 136 145 142 150 147 5375 56 55 89 86 100 97 110 107 121 118 137 133 142 139 147 144 5500 55 54 87 85 98 95 108 105 118 115 134 130 139 136 144 141 5625 54 53 86 83 96 93 106 103 116 113 131 128 136 133 141 138 5750 53 52 84 82 94 91 104 101 113 111 128 125 133 130 138 135 5875 52 51 83 80 92 90 102 99 111 108 125 122 130 127 135 132 6000 51 50 81 79 90 88 100 97 109 106 123 120 127 124 132 129 6125 50 49 80 78 89 86 98 95 107 104 120 118 125 122 129 126 6250 50 48 79 76 87 85 96 94 105 102 118 115 123 120 127 124 6375 49 48 77 75 86 84 95 92 103 101 116 113 120 118 125 122 6500 48 47 76 74 85 83 93 91 102 99 114 112 119 116 123 120 6625 48 46 76 74 84 82 92 90 101 98 113 110 117 114 121 119 6750 47 46 75 73 83 81 91 89 100 97 112 109 116 113 120 117 6875 47 46 75 73 83 81 91 89 99 97 111 109 115 113 119 117 7000 47 46 74 72 83 80 91 88 99 96 111 108 115 112 119 116 7125 47 46 74 72 82 80 90 88 98 96 111 108 115 112 119 116 7250 47 46 74 72 82 80 90 88 98 96 111 108 115 112 119 116 7375 47 46 74 72 82 80 90 88 98 96 111 108 115 112 119 116 7500 47 46 74 72 82 80 90 88 98 96 111 108 115 112 119 116 [Continued on next Web Page]
[Continued from previous Web Page] ASM2525 and ASM5015 Hydrocarbon (ppm C6) Table (cont.)
Column Number - -> 9 9 10 10 11 11 12 12 13 13 Vehicle ETW 5015 2525 5015 2525 5015 2525 5015 2525 5015 2525 1750 457 447 706 694 774 761 843 828 1118 1098 1875 431 421 665 653 729 717 794 780 1052 1034 2000 407 398 627 616 688 676 749 736 992 975 2125 385 376 592 582 650 638 707 695 938 921 2250 365 357 560 551 615 604 669 658 887 872 2375 346 339 531 522 583 573 635 624 841 827 2500 329 322 505 496 554 544 603 593 800 786 2625 314 307 481 472 528 518 574 564 761 748 2750 300 294 459 451 503 495 548 539 726 714 2875 287 281 439 431 481 473 524 515 695 683 3000 276 270 420 413 461 453 502 493 666 654 3125 265 260 404 397 443 435 482 474 639 628 3250 256 250 388 382 426 419 464 456 615 604 3375 247 241 374 368 411 404 447 440 593 583 3500 239 234 362 355 397 390 432 424 573 563 3625 231 226 350 344 384 377 418 411 554 544 3750 224 220 339 333 372 365 405 398 537 527 3875 218 213 329 323 361 355 393 386 521 512 4000 212 208 320 314 351 345 382 375 506 497 4125 206 202 311 305 341 335 371 365 492 484 4250 201 197 303 297 332 326 361 355 479 471 4375 196 192 295 290 323 318 352 346 467 459 4500 192 188 287 282 315 310 343 337 455 447 4625 187 183 280 275 308 302 335 329 444 436 4750 183 179 273 269 300 295 327 321 433 425 4875 179 175 267 262 293 288 319 313 423 415 5000 175 171 260 256 286 281 311 305 412 405 5125 171 167 254 250 279 274 304 298 402 395 5250 167 163 248 244 272 267 296 291 393 386 5375 163 159 242 238 266 261 289 284 383 376 5500 159 156 236 232 259 255 282 277 374 367 5625 156 152 231 226 253 248 276 271 365 359 5750 152 149 225 221 247 243 269 264 357 350 5875 149 146 220 216 241 237 263 258 348 342 6000 146 143 215 211 236 232 257 252 341 334 6125 143 140 210 206 231 227 251 247 333 327 6250 140 137 206 202 226 222 246 242 326 320 6375 138 135 202 198 222 218 242 237 320 314 6500 136 133 199 195 218 214 238 233 315 309 6625 134 131 196 192 215 211 234 230 310 304 6750 132 129 194 190 213 209 232 227 307 301 6875 132 129 193 189 211 207 230 225 305 299 7000 131 128 192 188 211 207 229 225 304 298 7125 131 128 192 188 211 206 229 225 304 298 7250 131 128 192 188 211 206 229 225 304 298 7375 131 128 192 188 211 206 229 225 304 298 7500 131 128 192 188 211 206 229 225 304 298 (ii) ASM2525 and ASM5015 Carbon Monoxide (%CO) Table
Column Number - -> 21 21 22 22 23 23 24 24 25 25 26 26 27 27 28 28 Vehicle ETW 5015 2525 5015 2525 5015 2525 5015 2525 5015 2525 5015 2525 5015 2525 5015 2525 1750 0.80 0.77 1.26 1.22 1.64 1.83 2.02 2.43 2.21 2.73 2.78 3.64 2.97 3.94 3.16 4.24 1875 0.75 0.73 1.19 1.16 1.55 1.72 1.91 2.29 2.09 2.58 2.63 3.43 2.81 3.71 2.98 4.00 2000 0.71 0.69 1.13 1.09 1.47 1.63 1.81 2.17 1.97 2.43 2.48 3.24 2.65 3.51 2.82 3.77 2125 0.68 0.66 1.07 1.04 1.39 1.54 1.71 2.05 1.87 2.30 2.35 3.06 2.51 3.32 2.67 3.57 2250 0.64 0.62 1.02 0.99 1.32 1.47 1.62 1.94 1.77 2.18 2.23 2.90 2.38 3.14 2.53 3.38 2375 0.61 0.59 0.97 0.94 1.26 1.39 1.54 1.85 1.69 2.07 2.12 2.76 2.26 2.98 2.40 3.21 2500 0.59 0.57 0.93 0.90 1.20 1.33 1.47 1.76 1.61 1.97 2.02 2.62 2.15 2.84 2.29 3.05 2625 0.56 0.54 0.89 0.86 1.15 1.27 1.41 1.68 1.53 1.88 1.92 2.50 2.05 2.70 2.18 2.91 2750 0.54 0.52 0.85 0.82 1.10 1.21 1.34 1.60 1.47 1.80 1.84 2.39 1.96 2.58 2.09 2.78 2875 0.52 0.50 0.82 0.79 1.05 1.16 1.29 1.54 1.41 1.72 1.76 2.29 1.88 2.47 2.00 2.66 3000 0.50 0.48 0.79 0.76 1.01 1.12 1.24 1.48 1.35 1.66 1.69 2.19 1.80 2.37 1.92 2.55 3125 0.48 0.46 0.76 0.73 0.98 1.08 1.19 1.42 1.30 1.59 1.63 2.11 1.74 2.28 1.84 2.45 3250 0.46 0.45 0.73 0.71 0.94 1.04 1.15 1.37 1.26 1.53 1.57 2.03 1.67 2.20 1.78 2.36 3375 0.45 0.43 0.71 0.69 0.91 1.00 1.11 1.32 1.21 1.48 1.52 1.96 1.62 2.12 1.72 2.28 3500 0.44 0.42 0.69 0.67 0.88 0.97 1.08 1.28 1.17 1.43 1.47 1.89 1.56 2.05 1.66 2.20 3625 0.42 0.41 0.67 0.65 0.86 0.94 1.05 1.24 1.14 1.39 1.42 1.84 1.52 1.98 1.61 2.13 3750 0.41 0.40 0.65 0.63 0.83 0.92 1.02 1.20 1.11 1.35 1.38 1.78 1.47 1.92 1.56 2.07 3875 0.40 0.39 0.63 0.61 0.81 0.89 0.99 1.17 1.08 1.31 1.34 1.73 1.43 1.87 1.52 2.01 4000 0.39 0.38 0.62 0.60 0.79 0.87 0.96 1.14 1.05 1.28 1.31 1.68 1.39 1.82 1.48 1.95 4125 0.38 0.37 0.60 0.58 0.77 0.85 0.94 1.11 1.02 1.24 1.27 1.64 1.36 1.77 1.44 1.90 4250 0.37 0.36 0.59 0.57 0.75 0.83 0.92 1.08 1.00 1.21 1.24 1.60 1.32 1.72 1.40 1.85 4375 0.36 0.35 0.58 0.56 0.74 0.81 0.89 1.06 0.97 1.18 1.21 1.56 1.29 1.68 1.37 1.81 4500 0.36 0.35 0.57 0.55 0.72 0.79 0.87 1.03 0.95 1.16 1.18 1.52 1.26 1.64 1.34 1.76 4625 0.35 0.34 0.55 0.54 0.70 0.77 0.85 1.01 0.93 1.13 1.15 1.48 1.23 1.60 1.30 1.72 4750 0.34 0.33 0.54 0.53 0.69 0.76 0.84 0.99 0.91 1.10 1.13 1.45 1.20 1.57 1.28 1.68 4875 0.34 0.33 0.53 0.52 0.67 0.74 0.82 0.97 0.89 1.08 1.10 1.42 1.17 1.53 1.25 1.64 5000 0.33 0.32 0.52 0.51 0.66 0.73 0.80 0.95 0.87 1.05 1.08 1.38 1.15 1.49 1.22 1.60 5125 0.32 0.31 0.51 0.50 0.65 0.71 0.78 0.92 0.85 1.03 1.05 1.35 1.12 1.46 1.19 1.57 5250 0.32 0.31 0.50 0.49 0.63 0.70 0.77 0.90 0.83 1.01 1.03 1.32 1.10 1.43 1.16 1.53 5375 0.31 0.30 0.49 0.48 0.62 0.68 0.75 0.89 0.81 0.99 1.01 1.29 1.07 1.39 1.14 1.50 5500 0.30 0.30 0.48 0.47 0.61 0.67 0.73 0.87 0.80 0.97 0.99 1.26 1.05 1.36 1.11 1.46 5625 0.30 0.29 0.47 0.46 0.59 0.65 0.72 0.85 0.78 0.94 0.97 1.24 1.03 1.33 1.09 1.43 5750 0.29 0.29 0.46 0.45 0.58 0.64 0.70 0.83 0.76 0.92 0.94 1.21 1.01 1.30 1.07 1.40 5875 0.29 0.28 0.45 0.44 0.57 0.63 0.69 0.81 0.75 0.91 0.92 1.18 0.98 1.27 1.04 1.37 6000 0.28 0.28 0.44 0.44 0.56 0.62 0.67 0.80 0.73 0.89 0.91 1.16 0.96 1.25 1.02 1.34 6125 0.28 0.27 0.44 0.43 0.55 0.61 0.66 0.78 0.72 0.87 0.89 1.13 0.94 1.22 1.00 1.31 6250 0.27 0.27 0.43 0.42 0.54 0.60 0.65 0.77 0.71 0.85 0.87 1.11 0.93 1.20 0.98 1.28 6375 0.27 0.26 0.42 0.42 0.53 0.59 0.64 0.76 0.69 0.84 0.86 1.09 0.91 1.18 0.96 1.26 6500 0.26 0.26 0.42 0.41 0.52 0.58 0.63 0.74 0.68 0.83 0.84 1.08 0.90 1.16 0.95 1.24 6625 0.26 0.26 0.41 0.41 0.52 0.57 0.62 0.73 0.67 0.82 0.83 1.06 0.88 1.14 0.94 1.23 6750 0.26 0.26 0.41 0.41 0.51 0.57 0.61 0.73 0.67 0.81 0.82 1.05 0.88 1.13 0.93 1.21 6875 0.26 0.25 0.40 0.40 0.51 0.56 0.61 0.72 0.66 0.80 0.82 1.04 0.87 1.12 0.92 1.20 7000 0.25 0.25 0.40 0.40 0.51 0.56 0.61 0.72 0.66 0.80 0.82 1.04 0.87 1.12 0.92 1.20 7125 0.25 0.25 0.40 0.40 0.51 0.56 0.61 0.72 0.66 0.80 0.81 1.04 0.87 1.12 0.92 1.20 7250 0.25 0.25 0.40 0.40 0.50 0.56 0.61 0.72 0.66 0.80 0.81 1.04 0.86 1.12 0.92 1.20 7375 0.25 0.25 0.40 0.40 0.50 0.56 0.61 0.72 0.66 0.80 0.81 1.04 0.86 1.12 0.92 1.20 7500 0.25 0.25 0.40 0.40 0.50 0.56 0.61 0.72 0.66 0.80 0.81 1.04 0.86 1.12 0.92 1.20 ASM2525 and ASM5015 Carbon Monoxide (%CO) Table (cont.)
Column Number - -> 29 29 30 30 31 31 32 32 33 33 34 34 Vehicle ETW 5015 2525 5015 2525 5015 2525 5015 2525 5015 2525 5015 2525 1750 3.54 4.85 3.92 5.45 4.31 6.06 5.07 7.26 5.26 7.44 8.02 9.90 1875 3.34 4.57 3.70 5.14 4.06 5.70 4.78 6.84 4.96 7.05 7.56 9.90 2000 3.16 4.31 3.49 4.85 3.83 5.38 4.51 6.45 4.68 6.68 7.14 9.90 2125 2.99 4.08 3.31 4.58 3.63 5.09 4.26 6.10 4.43 6.34 6.75 9.66 2250 2.83 3.86 3.13 4.34 3.44 4.82 4.04 5.78 4.20 6.00 6.40 9.14 2375 2.69 3.66 2.98 4.12 3.26 4.57 3.83 5.48 3.98 5.69 6.07 8.67 2500 2.56 3.48 2.83 3.91 3.10 4.35 3.65 5.21 3.79 5.41 5.78 8.25 2625 2.44 3.32 2.70 3.73 2.96 4.14 3.48 4.96 3.61 5.15 5.51 7.85 2750 2.33 3.17 2.58 3.56 2.83 3.95 3.32 4.73 3.45 4.92 5.26 7.50 2875 2.23 3.03 2.47 3.41 2.71 3.78 3.18 4.53 3.30 4.70 5.03 7.17 3000 2.14 2.91 2.37 3.27 2.60 3.62 3.05 4.34 3.17 4.51 4.83 6.87 3125 2.06 2.79 2.28 3.14 2.50 3.48 2.93 4.17 3.04 4.33 4.64 6.60 3250 1.99 2.69 2.20 3.02 2.40 3.35 2.82 4.01 2.93 4.17 4.47 6.35 3375 1.92 2.60 2.12 2.91 2.32 3.23 2.72 3.87 2.83 4.02 4.31 6.13 3500 1.86 2.51 2.05 2.82 2.24 3.12 2.63 3.74 2.73 3.88 4.17 5.92 3625 1.80 2.43 1.99 2.73 2.17 3.02 2.55 3.62 2.65 3.76 4.04 5.73 3750 1.74 2.36 1.93 2.64 2.11 2.93 2.47 3.51 2.57 3.64 3.91 5.55 3875 1.69 2.29 1.87 2.57 2.05 2.85 2.40 3.40 2.49 3.54 3.80 5.39 4000 1.65 2.22 1.82 2.49 1.99 2.77 2.33 3.31 2.43 3.44 3.70 5.24 4125 1.61 2.16 1.77 2.43 1.94 2.69 2.27 3.22 2.36 3.34 3.60 5.09 4250 1.56 2.11 1.73 2.36 1.89 2.62 2.21 3.13 2.30 3.25 3.51 4.96 4375 1.53 2.06 1.68 2.31 1.84 2.55 2.16 3.05 2.24 3.17 3.42 4.83 4500 1.49 2.01 1.64 2.25 1.80 2.49 2.11 2.98 2.19 3.09 3.34 4.71 4625 1.46 1.96 1.61 2.19 1.76 2.43 2.06 2.90 2.14 3.02 3.26 4.60 4750 1.42 1.91 1.57 2.14 1.72 2.37 2.01 2.83 2.09 2.95 3.18 4.49 4875 1.39 1.87 1.53 2.09 1.68 2.32 1.96 2.77 2.04 2.87 3.11 4.38 5000 1.36 1.82 1.50 2.04 1.64 2.26 1.92 2.70 1.99 2.81 3.03 4.28 5125 1.33 1.78 1.46 2.00 1.60 2.21 1.87 2.64 1.95 2.74 2.97 4.18 5250 1.30 1.74 1.43 1.95 1.56 2.16 1.83 2.58 1.90 2.68 2.90 4.08 5375 1.27 1.70 1.40 1.90 1.53 2.11 1.79 2.51 1.86 2.61 2.83 3.98 5500 1.24 1.66 1.37 1.86 1.49 2.06 1.75 2.46 1.82 2.55 2.77 3.89 5625 1.21 1.62 1.34 1.82 1.46 2.01 1.71 2.40 1.77 2.49 2.70 3.80 5750 1.19 1.59 1.31 1.78 1.43 1.96 1.67 2.34 1.74 2.43 2.64 3.71 5875 1.16 1.55 1.28 1.74 1.40 1.92 1.63 2.29 1.70 2.38 2.59 3.62 6000 1.14 1.52 1.25 1.70 1.37 1.88 1.60 2.24 1.66 2.33 2.53 3.54 6125 1.11 1.49 1.23 1.66 1.34 1.84 1.57 2.19 1.63 2.28 2.48 3.47 6250 1.09 1.46 1.20 1.63 1.31 1.80 1.54 2.15 1.60 2.23 2.43 3.40 6375 1.07 1.43 1.18 1.60 1.29 1.77 1.51 2.11 1.57 2.19 2.39 3.34 6500 1.06 1.41 1.16 1.57 1.27 1.74 1.48 2.07 1.54 2.15 2.35 3.28 6625 1.04 1.39 1.15 1.55 1.25 1.72 1.46 2.04 1.52 2.12 2.32 3.23 6750 1.03 1.37 1.14 1.54 1.24 1.70 1.45 2.02 1.50 2.10 2.29 3.20 6875 1.02 1.36 1.13 1.52 1.23 1.68 1.44 2.00 1.49 2.08 2.28 3.17 7000 1.02 1.36 1.12 1.52 1.23 1.68 1.43 2.00 1.49 2.08 2.27 3.17 7125 1.02 1.36 1.12 1.52 1.22 1.68 1.43 2.00 1.49 2.08 2.27 3.17 7250 1.02 1.36 1.12 1.52 1.22 1.68 1.43 2.00 1.49 2.08 2.27 3.17 7375 1.02 1.36 1.12 1.52 1.22 1.68 1.43 2.00 1.49 2.08 2.27 3.17 7500 1.02 1.36 1.12 1.52 1.22 1.68 1.43 2.00 1.49 2.08 2.27 3.17 (iii) ASM2525 and ASM5015 Nitric Oxide (PPM NO) Table
Column Number - -> 41 41 42 42 43 43 44 44 45 45 46 46 47 47 48 48 Vehicle ETW 5015 2525 5015 2525 5015 2525 5015 2525 5015 2525 5015 2525 5015 2525 5015 2525 1750 1212 1095 1819 1642 2272 2114 2725 2587 3178 3060 3631 3532 4084 4005 4990 4950 1875 1142 1031 1713 1547 2181 1991 2649 2435 3117 2879 3586 3323 4054 3767 4990 4655 2000 1077 973 1616 1460 2058 1877 2499 2295 2941 2713 3383 3131 3824 3548 4707 4384 2125 1018 920 1527 1380 1944 1774 2360 2167 2776 2561 3192 2955 3609 3348 4441 4136 2250 964 871 1446 1307 1839 1678 2232 2050 2625 2422 3018 2794 3411 3165 4197 3909 2375 915 827 1372 1240 1744 1592 2115 1943 2487 2295 2859 2646 3231 2998 3974 3701 2500 869 786 1304 1179 1657 1512 2009 1845 2361 2179 2714 2512 3066 2845 3771 3512 2625 828 749 1242 1123 1577 1440 1912 1756 2246 2073 2581 2389 2916 2706 3585 3339 2750 791 715 1186 1072 1504 1374 1823 1675 2142 1976 2460 2277 2779 2579 3416 3181 2875 756 684 1134 1026 1438 1313 1742 1601 2046 1888 2350 2175 2654 2463 3261 3037 3000 725 656 1088 984 1378 1258 1668 1533 1959 1808 2249 2082 2539 2357 3120 2906 3125 696 630 1045 945 1323 1208 1601 1471 1879 1734 2157 1997 2435 2260 2992 2787 3250 670 607 1006 910 1273 1163 1539 1415 1806 1667 2073 1920 2340 2172 2874 2677 3375 647 585 970 878 1227 1121 1483 1363 1740 1606 1997 1849 2253 2092 2767 2577 3500 625 566 937 848 1184 1082 1432 1316 1679 1550 1926 1784 2174 2018 2668 2486 3625 605 547 907 821 1146 1047 1384 1273 1623 1498 1862 1724 2100 1950 2578 2401 3750 586 531 879 796 1110 1014 1340 1233 1571 1451 1802 1669 2033 1887 2494 2323 3875 569 515 853 773 1077 984 1300 1195 1523 1407 1747 1618 1970 1829 2417 2251 4000 553 501 829 751 1046 956 1262 1161 1479 1365 1695 1570 1912 1775 2345 2184 4125 538 487 807 731 1017 930 1227 1128 1437 1327 1647 1526 1857 1724 2277 2122 4250 524 475 786 712 990 905 1194 1098 1398 1291 1602 1484 1806 1677 2214 2063 4375 510 463 766 694 964 882 1162 1069 1360 1257 1559 1444 1757 1632 2154 2007 4500 498 451 747 677 939 859 1132 1042 1325 1224 1518 1406 1711 1589 2096 1953 4625 486 440 728 661 916 838 1104 1015 1291 1193 1479 1370 1666 1548 2042 1903 4750 474 430 711 645 893 818 1076 990 1259 1163 1441 1336 1624 1508 1989 1854 4875 463 420 694 630 872 798 1049 966 1227 1134 1405 1302 1583 1470 1938 1806 5000 452 410 677 615 850 778 1023 942 1196 1106 1369 1269 1542 1433 1889 1760 5125 441 400 661 600 830 760 998 919 1167 1078 1335 1237 1503 1397 1840 1715 5250 431 391 646 586 810 741 974 896 1138 1051 1301 1206 1465 1362 1793 1672 5375 420 382 631 573 790 723 950 874 1109 1025 1269 1176 1428 1327 1747 1629 5500 410 373 616 559 771 706 926 853 1082 1000 1237 1147 1392 1294 1703 1587 5625 401 364 601 546 752 689 904 832 1055 975 1206 1118 1357 1261 1659 1547 5750 391 356 587 534 734 673 882 812 1029 951 1176 1090 1323 1230 1617 1508 5875 383 348 574 522 717 657 860 793 1004 928 1147 1064 1290 1199 1577 1471 6000 374 340 561 510 701 642 840 774 980 906 1120 1039 1259 1171 1539 1435 6125 366 333 549 499 685 628 822 757 958 886 1094 1015 1230 1144 1503 1401 6250 359 326 538 489 671 615 804 741 937 867 1070 993 1203 1119 1469 1371 6375 352 320 528 480 658 604 788 727 919 850 1049 973 1179 1096 1439 1343 6500 346 315 519 473 647 593 775 714 902 835 1030 956 1158 1077 1413 1318 6625 341 311 512 466 638 585 763 704 889 823 1014 941 1140 1060 1391 1298 6750 338 307 507 461 631 578 755 696 879 813 1003 931 1127 1048 1374 1283 6875 335 305 503 458 626 574 749 691 872 807 995 924 1118 1040 1364 1273 7000 335 305 502 457 624 573 747 689 870 805 992 921 1115 1037 1360 1269 7125 335 305 502 457 625 573 747 689 870 805 992 921 1115 1037 1360 1269 7250 335 305 502 457 625 573 747 689 870 805 992 921 1115 1037 1360 1269 7375 335 305 502 457 625 573 747 689 870 805 992 921 1115 1037 1360 1269 7500 335 305 502 457 625 573 747 689 870 805 992 921 1115 1037 1360 1269 ASM2525 and ASM5015 Nitric Oxide (PPM NO) Table (cont.)
Column Number - -> 49 49 50 50 51 51 Vehicle ETW 5015 2525 5015 2525 5015 2525 1750 4990 4960 4990 4980 4990 4990 1875 4990 4738 4990 4906 4990 4990 2000 4778 4535 4919 4838 4990 4990 2125 4578 4349 4853 4776 4990 4990 2250 4395 4179 4792 4720 4990 4990 2375 4228 4024 4736 4668 4990 4990 2500 4076 3881 4685 4620 4990 4990 2625 3936 3752 4639 4577 4990 4990 2750 3809 3579 4596 4374 4990 4772 2875 3669 3417 4484 4176 4892 4556 3000 3510 3270 4290 3996 4680 4359 3125 3366 3135 4114 3832 4488 4180 3250 3234 3012 3952 3681 4311 4016 3375 3113 2899 3804 3544 4150 3866 3500 3002 2796 3669 3418 4002 3728 3625 2900 2701 3544 3302 3867 3602 3750 2806 2614 3429 3195 3741 3485 3875 2719 2533 3323 3096 3625 3377 4000 2638 2457 3224 3003 3517 3276 4125 2562 2387 3131 2917 3416 3182 4250 2490 2320 3044 2836 3321 3094 4375 2423 2258 2961 2759 3230 3010 4500 2359 2198 2883 2686 3145 2930 4625 2297 2140 2807 2616 3063 2854 4750 2238 2085 2735 2549 2983 2780 4875 2180 2032 2665 2483 2907 2709 5000 2125 1980 2597 2420 2833 2640 5125 2070 1930 2530 2359 2760 2573 5250 2017 1881 2466 2298 2690 2507 5375 1966 1833 2403 2240 2621 2443 5500 1916 1786 2341 2183 2554 2381 5625 1867 1740 2282 2127 2489 2321 5750 1820 1697 2224 2074 2426 2262 5875 1774 1654 2168 2022 2366 2206 6000 1731 1614 2116 1973 2308 2152 6125 1690 1577 2066 1927 2254 2102 6250 1653 1542 2020 1884 2204 2056 6375 1619 1510 1979 1846 2159 2014 6500 1590 1483 1943 1813 2119 1977 6625 1565 1460 1913 1785 2087 1947 6750 1546 1443 1890 1764 2062 1924 6875 1534 1432 1875 1750 2046 1909 7000 1530 1428 1870 1745 2040 1904 7125 1531 1428 1874 1745 2045 1904 7250 1531 1428 1874 1745 2045 1904 7375 1531 1428 1874 1745 2045 1904 7500 1531 1428 1874 1745 2045 1904 (b) ASM Test Score Calculation
(1) Exhaust gas measurement calculation.
(i) System response time
The analysis and recording of exhaust gas concentrations shall begin 12 seconds after the applicable test mode begins, or sooner if the system response time is less than 12 seconds. The analyzing and recording of exhaust gas concentrations shall not begin sooner than the time period equivalent to the response time of the slowest transducer.
(ii) Sample rate
Exhaust gas concentrations shall be analyzed at a minimum rate of once per second.
(iii) Emission measurement calculations.
Partial stream (concentration) emissions shall be calculated based on a running 10-second average. The values used for HC(J), CO(J), and NO(J) are the raw (uncorrected) tailpipe concentrations.
(c)
(iv) Dilution correction factor.
The analyzer software shall multiply the raw emissions values by the dilution correction factor (DCF) during any valid ASM emissions test. The DCF accounts for exhaust sample dilution (either intentional or unintentional) during an emissions test. The analyzer software shall calculate the DCF using the following procedure, and shall select the appropriate vehicle fuel formula. If the calculated DCF exceeds 3.0 then a default value of 3.0 shall be used.
(a)
Where [CO2]MEASURED and [CO]MEASURED are the instantaneous ASM emissions test readings.
(b) Calculate [CO2]adjusted using the following formulas.
(1) For gasoline:
(2) For Methanol or Ethanol:
(3) For Compressed Natural Gas (CNG):
(4) For Liquid Propane Gas (LPG):
(c) Calculate the DCF using the following formula.
(v) Kh = No humidity correction factor.
(a)
(b) H = Absolute humidity in grains of water per pound of dry air.
(c) RA = Relative humidity of the ambient air percent.
(d) PD = Saturated vapor pressure, MM HG at the ambient dry bulb temperature. If the temperature is above 86°F, then it shall be used in lieu of the higher temperature, until EPA supplies final correction factors.
(e) PB = Barometric pressure, MM HG.
(2) Pass/fail determination.
A pass or fail determination shall be made for each applicable test mode based on a comparison of the applicable short test standards and the measured value for HC, CO, and NO as described in Paragraph (b)(1)(iii) of this section. A vehicle shall pass the test mode if the emission values for HC, CO, and NO are simultaneously below or equal to the applicable short test standards for all three pollutants. A vehicle shall fail the test mode if the values for HC, CO, or NO, or any combination of the three, are above the applicable standards at the expiration of the test time.
§ 2. ASM short test procedure.
(a) General requirements
(1) Vehicle characterization.
(i) Vehicle type: LDGV, LDGT1, LDGT2, HDGT, and others as needed;
(ii) Chassis model year;
(iii) Make;
(iv) Model;
(v) Number of cylinders;
(vi) Cubic inch or liters displacement of the engine;
(vii) Transmission type; and
(viii) Equivalent test weight.
(2) Ambient conditions.
The ambient temperature, relative humidity and barometric pressure shall be recorded continuously during the test cycle or as a single set of readings up to 4 minutes before the start of the driving cycle.
(3) Restart.
If shut off, the vehicle shall be restarted as soon as possible before the test and shall be running at least 30 seconds prior to the start of the ASM driving cycle.
(4) Void test conditions.
The test shall immediately end and any exhaust gas measurements shall be voided if the instantaneous measured concentration of CO plus CO2 falls below 6% or the vehicle's engine stalls at any time during the test sequence.
(5) Test time limit.
The test shall be aborted or terminated upon reaching the overall maximum test time.
(b) Pre-inspection and preparation.
(1) Accessories.
All accessories (air conditioning, heat, defogger, radio, automatic traction control if switchable, and the like) shall be turned off (if necessary, by the inspector).
(2) Exhaust leaks.
The vehicle shall be inspected for exhaust leaks by test personnel. Audio assessment while blocking exhaust flow shall be acceptable. Vehicles with leaking exhaust systems shall be rejected from testing.
(3) Fluid leaks.
Vehicles with excessive leaking engine oil, transmission fluid or coolant shall be rejected from testing.
(4) Mechanical condition.
Vehicles with obvious mechanical problems (engine, transmission, brakes or exhaust) that either create a safety hazard or could bias test results shall be rejected from testing.
(5) Operating temperature.
The vehicle shall be at proper operating temperature prior to the start of the test. The vehicle temperature gauge, if equipped and operating, shall be checked to assess temperature. Vehicles in overheated condition shall be rejected from testing.
(6) Tire condition.
Vehicles shall be rejected from testing if tread indicators, tire cords, bubbles, cuts or other damage are visible. Vehicles shall be rejected from testing if they have space-saver spare tires or if they do not have reasonably sized tires on the drive axle or axles. Vehicles may be rejected if they have different sized tires on the drive axle or axles. In test-and-repair facilities, drive wheel tires shall be checked with a gauge for adequate tire pressure. In test-only facilities, drive wheel tires shall be visually checked for adequate pressure level. Drive wheel tires that appear low shall be inflated to approximately 30 PSI, or to tire side wall pressure, or vehicle manufacturer's recommendation. Alternatively, vehicles with apparent low tire pressure may be rejected from testing.
(7) Emission sample system purge/hang-up.
While a lane is in operation, the sample system shall be continuously purged after each test for at least 15 minutes if not taking measurements. If the HC reading, when the probe is sampling ambient air, exceeds 7 PPM C6 on an instantaneous measure, testing shall be prohibited. Testing may proceed after a determination is made that hang-up is less than 7 PPM C6 (that is, by eliminating the ambient background contribution to the measurement).
(8) Roll rotation.
The vehicle shall be maneuvered onto the dynamometer with the drive wheels positioned on the dynamometer rolls, prior to restraining the vehicle and test initiation. The rolls shall be rotated until the vehicle laterally stabilizes on the dynamometer. Vehicles that cannot be stabilized on the dynamometer shall be rejected from testing. Drive wheel tires shall be dried if necessary to prevent slippage.
(9) Cooling system.
When ambient temperatures exceed 72°F, testing shall not begin until the cooling system is positioned and activated. The cooling system blower shall be positioned to direct air to the vehicle cooling system, but shall not be directed at the catalytic converter.
(10) Vehicle restraint.
Testing shall not begin until the vehicle is restrained. Any restraint system shall meet the requirements of § 3(a)(5)(ii). In addition, the parking brake shall be set for front wheel drive vehicles prior to the start of the test, unless parking brake functions on front axle or if it is automatically disengaged when in gear.
(11) Dynamometer warm-up.
The dynamometer shall be in a warmed-up condition prior to official testing and use shall be locked out until it is warmed up. Dynamometers resting (not operated for at least 30 seconds and at least 15 mph) for more than 30 minutes shall pass the coast-down check specified in § 4(b)(1) prior to use in testing. Control charts may be used to demonstrate the need for less frequent warm- up.
Testing cannot occur below 41°F.
(12) Analyzer warm-up.
An emissions test shall not begin before the analyzer has been adequately warmed up. Turning on the analyzer for a time period of at least 4 times the period of time required to reach stability as demonstrated in the equipment certification (see § 7) shall constitute ''warmed-up.''
(c) Test sequence.
(1) The test sequence shall consist of a single ASM mode described in § 2(d) of this subpart. Vehicles that fail the first chance test as described in § 2(d) of this subpart shall receive a second chance test under § 2(e) of this subpart. The second chance test shall consist of a repetition of the mode or modes that were failed in the first chance test according to the conditions in § 2(e) of this subpart.
(2) The test sequence shall begin only after the following requirements are met:
(i) Load setting.
Prior to each mode, the system shall automatically select the load setting of the dynamometer from a supplied look-up table.
(ii) Accessories.
The vehicle shall be tested in as-received condition with all accessories turned off. The engine shall be at normal operating temperature.
(iii) Gear selection.
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[Continued from previous Web Page] The vehicle shall be operated during each mode of the test with the gear selector in drive for automatic transmissions and in second (or third if more appropriate) for manual transmissions for the loaded modes. Engine RPM shall be measured per § 3(d)(6).
(iv) Sample probe.
The sample probe shall be inserted into the vehicle's tailpipe to a minimum depth of 10 inches. If the vehicle's exhaust system prevents insertion to this depth, a tailpipe extension shall be used.
(v) Multiple exhaust pipes.
Exhaust gas concentrations from vehicle engines equipped with functionally independent multiple exhaust pipes shall be sampled simultaneously.
(vi) Automatic gas zero.
The analyzer shall conduct an automatic zero adjustment using the zero gas specified in § 4(d)(iii).
(vii) Automatic zero adjustment.
The zero adjustment shall include HC, CO, CO2 and NO channels.
(viii) Ambient air and HC hang-up determination.
The analyzer shall perform the automatic zeroing, O2 calibration (if included) and ambient air reading, followed by an HC hang-up check. This process shall begin after initiation of data entry into the analyzer computer. The analyzer shall be locked out from testing until: (1) the ambient air (sampled through the probe) has less than 15 PPM HC and (2) the residual HC in the sampling system (probe sample--port sample) is less than 7 PPM.
(ix) Engine speed.
For 1996 and newer vehicles equipped with Federal OBD systems or California OBD II systems, engine speed in RPM may be monitored by the standardized plug throughout the test. RPM readings shall be recorded on a second-by-second basis. In test-and-repair stations, engine speed shall also be monitored on all pre-1996 vehicles and recorded in the test record. For vehicles that are not equipped for OBD measurement, an alternative means of measuring engine speed (RPM) shall be provided.
(d) Overall test procedure.
The test timer shall start (TT=0) when the conditions specified in paragraph (c)(2) are met. The dynamometer rolls reach 1.0 MPH due to the test vehicle's initial acceleration for testing purposes, and the mode timer initiates as specified in paragraph (d)(2). The test sequence shall have an overall maximum test time of 290 seconds (TT-290). The test shall be immediately terminated or aborted upon reaching the overall maximum test time. The test mode in § 2(d)(3) may precede the test mode in § 2(d)(2).
(1) Preconditioning cycle.
Vehicle preconditioning shall be performed prior to start of an official test. The preconditioning cycle must be approved by the Department. A state may waive the preconditioning requirement if it ensures that all vehicles are adequately warmed up prior to taking the final emissions measurements as described at § 1(b)(iii). The following preconditioning cycle is approved:
(i) The preconditioning timer shall start once the dynamometer has reached a speed of 15 or 25 mph (PT=0), consistent with the speed of the first test mode. The vehicle will continue to be operated for a maximum of 30 seconds at this speed within ±5 MPH and within ±10% of the wheel force tolerance specified in § 2(d)(2). The duration of the preconditioning cycle may be adjusted if a Department determines through the use of statistical process control methods that an alternative preconditioning cycle duration is adequate to ensure that vehicles are fully warmed up prior to testing. If the speed or wheel force fall above or below the tolerance, the preconditioning timer will reset to zero. Preconditioning time shall not be included in the overall maximum test time.
(2) ASM5015 mode.
(i) Mode timer.
The mode timer shall start (MT=0) when the dynamometer speed (and corresponding wheel force) are maintained within 15±1.0 miles per hour for 5 continuous seconds. If the inertia simulation exceeds the tolerance specified in § 3(a)(4)(ii)(b) for more than 5 consecutive seconds after the mode timer is started, the test mode timer shall be set to TT=0. If this happens a second time, the test shall be aborted. The dynamometer shall apply the correct wheel force based on the required ASM horsepower load at 15 mph across the testing speed window (15±1.0 miles per hour) (that is, constant load over the speed range). The wheel force torque tolerance shall be ±5% of the correct wheel force at 15 MPH.
(ii) Look-up table.
The dynamometer power shall be automatically selected from an EPA-supplied or EPA-approved look-up table, based upon the vehicle identification information described in § 2(a)(1). Vehicles not listed in the look-up table and for which ETW is not available shall be tested using the following default settings:
Default ASM5015 actual horsepower settings Number of Cylinders for 8.6" dynamometers HP50158 Vehicle type 3 4 5 & 6 8 >8 Sedans 7.9 11.4 13.8 16.4 16.0 Station wagons 8.1 11.7 13.8 16.1 16.1 Mini-vans 10.2 14.1 15.8 17.9 18.2 Pickup trucks 9.6 13.1 16.4 19.2 21.1 Sport/utility 10.1 13.4 15.5 19.4 21.1 Full vans 10.3 13.9 17.7 19.6 20.5 Default ASM5015 actual horsepower settings Number of Cylinders for 20" dynamometers HP501520 Vehicle type 3 4 5 & 6 8 >8 Sedans 8.1 11.8 14.3 16.9 16.6 Station wagons 8.3 12.1 14.2 16.6 16.6 Mini-vans 10.4 14.5 16.3 18.5 18.7 Pickup trucks 9.8 13.4 16.8 19.8 21.7 Sport/utility 10.5 13.8 15.9 19.9 21.7 Full vans 10.8 14.4 18.2 20.2 21.1 If the dynamometer speed or wheel force falls outside the speed or wheel force tolerance for more than 2 consecutive seconds, or for more than 5 seconds total, the mode timer shall reset to zero and resume timing. The minimum mode length shall be determined as described in paragraph (d)(2)(iii). The maximum mode length shall be equal to 90 seconds elapsed time (MT = 90).
If the speed at the end of the 10 second period is more than 0.5 mph less (absolute drop, not cumulative) than the speed at the start of the 10 second period, testing shall continue until the speed stabilizes enough to meet this criterion.
(iii) Pass/fail determination.
The pass/fail analysis shall begin after an elapsed time of 22 seconds (MT = 22. A pass or fail determination shall be made for the vehicle and the mode shall be terminated as follows:
(a) The vehicle shall pass the ASM5015 mode and the mode shall be immediately terminated if, at any point between an elapsed time of 22 seconds (MT = 22) and 90 seconds (MT = 90), the 10 second running average measured values for each pollutant are simultaneously less than or equal to the applicable test standards described in paragraph (a).
(b) The vehicle shall fail the ASM5015 mode and the mode shall be terminated if paragraph (d)(2)(iii)(a) is not satisfied by an elapsed time of 90 seconds (MT = 90).
(iv) If ASM5015 is the first test mode, upon termination of the ASM5015 mode, the vehicle shall immediately begin accelerating to the speed required for the ASM2525 mode, if applicable. The dynamometer shall smoothly transition during the acceleration period and shall automatically reset to the load required for the ASM 2525 mode, if applicable, once the roll speed is achieved.
(e) Second chance tests.
If a vehicle fails the 5015 test mode and completes all required test modes with emissions values for HC, CO and NO not greater than 150% of the applicable standard, the vehicle shall receive a second chance test for each failed test mode.
(1) If the vehicle fails the first-chance test, the test timer shall reset to zero (TT=0) and a second-chance test shall be performed, except as noted below. The second-chance test shall have an overall maximum test time of 110 seconds (TT=110) if one mode is repeated.
NOTE: Maximum mode time: 90 sec.
+Maximum transition: 15 sec.
+DYNE stabilization: 5 sec.
110 sec.12 sec. transport and 10 sec. averaging are included in the mode time as in the initial test.
(2) Repetition of failed modes for single mode ASM tests.
(i) If the vehicle is failing at the end of the mode, then the test mode shall not end at 90 seconds but shall continue for up to 180 seconds.
§ 3. ASM short test equipment.
(a) Dynamometer specifications.
(1) General requirements
(i) Capacity
The dynamometer structure (for example, bearings, rollers, pit plates, and the like) shall accommodate all light-duty vehicles and light-duty trucks up to 9,000 pounds GVWR.
(ii) ASM load
Dynamometer ASM load horsepower (HP5015YY) shall be automatically selected based on the vehicle parameters in the test record.
(iii) Alternative design
Alternative dynamometer specification or designs may be allowed upon a determination by the Department that, for the purpose of properly conducting an approved short test, the evidence supporting these deviations will not cause improper vehicle loading.
(2) Power absorption.
(i) Vehicle loading.
The vehicle loading used during the ASM driving cycles shall follow the equation in paragraph (a)(2)(ii) of this section at 15. Unless otherwise noted, any horsepower displayed during testing shall be HP5015YY.
(ii) HP calculation
IHPXXXXYY = THPXXXX-PLHPZZ-YY -GTRL@ZZ MPH-YY- HPXXXXYY = IHPXXXXYY + PLHPZZ-YY
(iii) Range of power absorber.
The range of the power absorber shall be sufficient to test all light-duty vehicles and light-duty trucks up to 9,000 pounds GVWR, using both the ASM5015 and ASM2525. The absorption shall be adjustable in 0.1 hp increments at both 15 mph and 25 mph.
(iv) Parasitic losses.
The parasitic losses (PLHP) in each dynamometer system (such as windage, bearing friction and system drive friction) shall be characterized at 25 and 15 mph upon initial acceptance, and during each dynamometer calibration if required.
(v) Power absorber.
Only electric power absorbers shall be used unless alternatives are approved by the Department.
(vi) Power absorber accuracy.
The accuracy of the power absorber shall be 6.25 pounds of wheel force at 15 mph and 3.75 pounds of wheel force at 25 mph or ±2% of required wheel force, whichever is greater, in direction of rotation.
(3) Rolls
(i) Size and type.
The dynamometer shall be equipped with twin rolls. The rolls shall be coupled side-to-side. In addition, the front and rear rolls shall be coupled. The dynamometer roll diameter shall be between 8.5 and 21.0 inches. The spacing between the roll centers shall comply with the equation in paragraph (a)(3)(ii) to within 0.5 inch and -0.25 inch of the calculated value. The parasitic power losses shall be determined as indicated in § 4(b)(1)(iv). Fixed dynamometer rolls shall have an inside track width of no more than 30 inches and outside track width of at least 100 inches. Rolls moveable from side-to-side may be used if adequate measures are taken to prevent tire damage from lateral vehicle movement and the dynamometer sufficiently accommodates track widths of the full range of vehicles to be tested on the dynamometer. Alternative coupling methods, track widths, roll sizes and number of rolls may be used if approved by the Department and the Environmental Protection Agency and if adequate measures are taken to prevent tire damage from lateral vehicle movement and the dynamometer sufficiently accommodates track widths of the full range of vehicles to be tested on the dynamometer. General tire roll interface losses must be determined for alternative roll sizes, configurations and spacing.
(ii) Roll spacing
Roll spacing = (24.375+D) *SIN 31.5153
D = Dynamometer roll diameter.
Roll spacing and roll diameter are expressed in inches.
(iii) Design.
The roll size, surface finish and hardness shall be such that tire slippage is minimized under all weather conditions; that water removal is maximized; that the specified accuracy of the distance and speed measurements are maintained; and that tire wear and noise are minimized.
(4) Inertia.
The dynamometer shall have a total test inertia weight of 2,000 pounds ±40 pounds. Any deviation from the 2,000 pound base inertia shall be quantified and the coast-down time shall be corrected accordingly. Any deviation from the stated inertia shall be quantified and the inertia simulation shall be corrected accordingly.
(i) Mechanical inertia.
Dynamometers shall be equipped with additional flywheel weights or diagnostic level inertia simulation, for transient simulations of up to +3.3 mph/s acceleration at 500 pound increments of mechanical inertia weight or 1 pound increments of electrically simulated positive inertia, to a total of 5,500 pounds up to speeds of 57 mph with a minimum load (power) of 25 horsepower at 14 mph over the inertia weight range of 2,000 to 6,000 pounds. A deviation from the stated inertia shall be quantified and the inertia simulation shall be corrected accordingly. Mechanical or electrical inertia simulation, or a combination of both, may be used, subject to review and approval.
(ii) Electrical inertia simulation.
Electrical inertia simulation, or a combination of electrical and mechanical simulation may be used in lieu of mechanical flywheels, provided that the performance of the electrically simulated inertia complies with the following specifications. Exceptions to these specifications may be allowed upon a determination by the Department that the exceptions would not significantly increase vehicle loading or emissions for the purpose of properly conducting an approved short test.
(a) System response. The torque response to a step change shall be at least 90% of the requested change within 300 milliseconds after a step change is commanded by the dynamometer control system, and shall be within 2% of the commanded torque by 300 milliseconds after the command is issued. Any overshoot of the commanded torque value shall not exceed 25% of the torque value.
(b) Simulation error. An inertia simulation error (ISE) shall be continuously calculated any time the actual dynamometer speed is between 10 mph and 60 mph. The ISE shall be calculated by the equation in § 3(a)(4)(ii)(c), and shall not exceed 3% of the inertia weight selected (IWS) for the vehicle under test.
(c) ISE = [(IWS-IT)/(IVS)] * 100
(d)
Where:
IT = Total inertia being simulated by the dynamometer (kg)
IT (LB force) = IT(KG) * 2.2046
IM = Base (mechanical inertia of the dynamometer (kg)
V = Measured roll speed (M/S)
FM = Force measured by the load cell (translated to the roll surface) (N)
FRL = Road load force (N) required by IHPXXXXYY at the measured roll speed (v)
T = Time (sec)
(5) Other requirements.
(i) Vehicle speed and speed response.
The measurement of roll speed shall be accurate within 0.1 mph between speeds of 10 and 30 mph. The dynamometer controller shall be able to detect and resolve speed variations in less than 500 milliseconds to 0.10 mph/sec accuracy.
(ii) Vehicle restraint.
The vehicle shall be restrained during the ASM driving cycle. The restraint system shall be designed to insure that vertical and horizontal force on the drive wheels does not significantly affect emission levels. The restraint system shall allow unobstructed vehicle ingress and egress and shall be capable of safely restraining the vehicle under all reasonable operating conditions.
(iii) Vehicle cooling.
The test operator shall prevent overheating of the vehicle. The test shall be conducted with the hood open when the ambient temperature exceeds 72°F. The cooling method used shall direct air to the test vehicle's cooling system. The cooling system capacity shall be at least 3,000 SCFM within 12 inches of the intake to the vehicle's cooling system. The cooling system shall avoid improper cooling of the catalytic converter.
(iv) All-wheel drive.
If used, four-wheel drive dynamometers shall insure the application of correct vehicle loading as defined in paragraph (a)(2) and shall not damage the four wheel drive system of the vehicle. Front and rear wheel rolls shall be coupled and maintain speed synchronization within 0.2 mph. The four wheel drive system shall be able to uncouple the rear roll set so as to function as a two wheel drive system.
(v) Installation.
In all cases, installation must be performed so that the test vehicle is approximately level (±5°) while on the dynamometer during testing.
(b) Emission sampling system
(1) Materials and design.
The sampling system shall be designed to insure durable, leak free operation and be easily maintained. Materials that are in contact with the gases sampled shall not contaminate or change the character of the gases to be analyzed, including gases from vehicles not fueled by gasoline. The system shall be designed to be corrosion-resistant and be able to withstand typical vehicle exhaust temperatures when the vehicle is driven through the ASM5015 test cycle for 290 seconds.
(2) Sampling system.
The sampling system shall draw exhaust gas from the vehicle, shall remove particulate matter and aerosols from the sampled gas, shall drain condensed water from the sample if necessary, and shall deliver the resultant gas sample to the analyzers/sensors for analysis and then deliver the analyzed sample outside the building. The sampling system shall, at a minimum, consist of a tailpipe probe, flexible sample line, water removal system, a particulate trap, sample pump and flow control components.
(3) Sample probe.
(i) Insertion.
The sample probe shall allow at least a 16 inch insertion depth of the sample point into the vehicle's exhaust. In addition, the probe shall be inserted at least 10 inches into the vehicle's exhaust. Use of a tailpipe extension is permitted as long as the extension does not change the exhaust back pressure by more than 1 inch of water pressure.
(ii) Retention.
The probe shall incorporate a positive means of retention to prevent it from slipping out of the tailpipe during use.
(iii) Flexibility.
The probe shall be designed so that the tip extends 16 inches into the tailpipe. The probe tip shall be shielded so that debris is not scooped up by the probe when it is inserted into the tailpipe.
(iv) Probe tip.
Probe tips shall be designed and constructed to prevent sample dilution.
(v) Materials.
All materials in contact with exhaust gas prior to and throughout the measurement portion of the system shall be unaffected by and shall not affect the sample (that is, the materials shall not react with the sample, and they shall not taint the sample). Acceptable materials include stainless steel, teflon, silicon rubber and TEDLAR®. Dissimilar metals with thermal expansion factors of more than 5% shall not be used in either the construction of probes or connectors. The sample probe shall be constructed of stainless steel or other noncorrosive, nonreactive material which can withstand exhaust gas temperatures at the probe tip of up to 1,100°F.
(vi) System hoses and connections.
Hoses and all other sample handling components must be constructed of, or plated with a nonreactive, non-corrosive, high temperature material which will not affect, or be affected by, the exhaust constituents and tracer gases.
(vii) Dual exhaust.
The sample system shall provide for the testing of dual exhaust equipped vehicles. When testing a vehicle with functional dual exhaust pipes, a dual sample probe of a design certified by the analyzer manufacturer to provide equal flow in each leg shall be used. The equal flow requirement is considered to be met if the flow rate in each leg of the probe has been measured under two sample pump flow rates (the normal rate and a rate equal to the onset of low flow), and if the flow rates in each of the legs are found to be equal to each other (within 15% of the flow rate in the leg having lower flow).
(4) Particulate filter.
The particulate filter shall be capable of trapping 97% of all particulate and aerosols 5 microns or larger. The filter element shall not absorb or adsorb hydrocarbons. The filter housing shall be transparent or translucent to allow the operator to observe the filter elements condition without removing the housing. The filter element shall be easily replaceable and shall provide for reliable sealing after filter element changes.
(5) Water trap.
The water trap shall be sized to remove exhaust sample water from vehicles fueled with gasoline, propane, compressed natural gas, reformulated gasoline, alcohol blends or neat, and oxygenated fuels. The filter element, bowl and housing shall be inert to these fuels as well as to the exhaust gases from vehicles burning these fuels. The condensed water shall be continuously drained from the water trap's bowl. Sufficient water shall be trapped, regardless of fuel, to prevent condensation in the sample system or in the optical bench's sample cell.
(6) Low flow indication.
The analyzer shall be prevented from performing an emissions test when the sample flow is below the acceptable level. The sampling system shall be equipped with a flow meter (or equivalent) that shall indicate sample flow degradation when measurement error exceeds 3% of the gas value used for checking, or causes the system response time to exceed 13 seconds to 90% of a step change in input (excluding no), whichever is less.
(7) Exhaust ventilation system.
The high quantities of vehicle emissions generated during loaded mode testing shall be properly vented to prevent buildup of hazardous concentrations of HC, CO, CO2 and NOx. Sufficient ventilation shall be provided in the station to maintain HC, CO, CO2 and no levels below OSHA standards.
(i) Ventilation system.
The ventilation system shall discharge the vehicle and analyzer exhaust outside the building.
(ii) Exhaust collection system.
The flow of the exhaust collection system shall not cause dilution of the exhaust at the sample point in the probe.
(iii) Exhaust collection system flow.
The flow of the exhaust collection systems shall not cause a change of more than 1.0 inch of water pressure in the vehicle's exhaust system at the exhaust system outlet.
(c) Analytical instruments.
(1) General requirements.
(i) Analyzers.
The analyzer system shall consist of analyzers for HC, CO, NO and CO2. And digital displays for exhaust concentrations of HC, CO, NO and CO2, and for vehicle speed.
(ii) Alternative analytical equipment.
Alternative analytic equipment specification, materials, designs or detection methods may be allowed upon a determination by the Department and the Environmental Protection Agency, that for the purpose of properly conducting an approved short test, the evidence supporting such deviations will not significantly affect the proper measurement of emissions.
(iii) Sample rate.
The analyzer shall be capable of measuring exhaust concentrations of gases specified in this section at a minimum rate of once per second.
(2) Performance requirements.
(i) Temperature operating range.
The analyzer system and all associated hardware shall operate within the performance specifications described in § 2 of this subpart at ambient air temperatures ranging from 41°F to 110°F. Analyzers shall be designed so that adequate air flow is provided around critical components to prevent overheating (and automatic shutdown) and to prevent the condensation of water vapor which could reduce the reliability and durability of the analyzer. The analyzer system shall otherwise include necessary features to keep the sampling system within the specified range.
(ii) Humidity operating range.
The analyzer system and all associated hardware shall operate within the performance specifications described in § 2 of this subpart at a minimum of 85% relative humidity throughout the required temperature range.
(iii) Interference effects.
The interference effects for non-interest gases shall not exceed ±4 ppm for hydrocarbons, ±0.02% for carbon monoxide, ±0.20% for carbon dioxide, and ±20 ppm for nitric oxide when using the procedure specified in § 4(d)(6)(iv). Corrections for collision broadening effects of combined high CO and CO2 concentrations shall be taken into account in developing the factory calibration curves, and are included in the accuracy specifications.
(iv) Barometric pressure compensation.
Barometric pressure compensation shall be provided. Compensation shall be made for elevations up to 6,000 feet (above mean sea level). At any given altitude and ambient conditions specified in (iv) and (v), errors due to barometric pressure changes of ±2 inches of mercury shall not exceed the accuracy limits specified in paragraph (2).
(v) System lockout during warm-up.
Functional operation of the gas sampling unit shall remain disabled through a system lockout preventing the system from performing emission tests until the instrument meets stability and warm-up requirements. The instrument shall be considered ''warmed up'' when the zero and span readings for HC, CO, NO, and CO2 have stabilized, within the accuracy values specified in § 3(c)(3) for 5 minutes without adjustment. Turning on the analyzer for a time period of at least 4 times the period of time required to reach stability as demonstrated in the equipment certification (see § 7) shall constitute ''warmed-up.''
(vi) Zero drift lockout.
If zero or span drift cause the optical bench signal levels to move beyond the adjustment range of the analyzer, the system shall be prevented from performing an emissions test.
(vii) Electromagnetic isolation and interference.
Electromagnetic signals found in an automotive service environment shall not cause malfunctions or changes in the accuracy in the electronics of the analyzer system. The instrument design shall ensure that readings do not vary as a result of electromagnetic radiation and induction devices normally found in the automotive service environment, including high energy vehicle ignition systems, radio frequency transmission radiation sources, and building electrical systems. Certification acceptance test is described in § 7.
(viii) Vibration and shock protection.
System operation shall be unaffected by the vibration and shock encountered under the normal operating conditions encountered in an automotive service environment.
(ix) Propane equivalency factor.
The PEF range shall be between 0.470 and 0.560. For each audit/calibration point, the nominal PEF shall be conveniently displayed for the quality assurance inspector and other authorized personnel, in a manner acceptable to the program. If an optical bench must be replaced in the field, the manufacturer's field service representative (FSR) shall change any external labels to correspond to the nominal PEF of the new bench. The analyzer shall incorporate an algorithm relating PEF to HC concentration. Corrections shall be made automatically.
(x) System response requirements.
The response time from the probe to the display for HC, CO and CO2 analyzers shall not exceed 8 seconds for 90% of a step change in input. The response time for a step change in O2 from 20.9% O2 to 0.1% O2 shall be no longer than 40 seconds. For no analyzers, the response time shall not exceed 12 seconds for 90% of a step change in input. The response time for a step change in NO from a stabilized reading to 10% of that reading shall be no longer than 12 seconds.
(3) Detection methods, instrument ranges, accuracy and repeatability.
(i) Hydrocarbon analysis.
Hydrocarbon (HC) analysis shall be determined by nondispersive infrared (NDIR) analyzer. The analyzer shall cover at least the range of 0 PPM HC to 2000 PPM HC, where PPM HC is parts per million of hydrocarbon volume as hexane. The accuracy of the instrument between 1400 PPM HC and 2000 PPM HC shall be at least 5.0% of point. The accuracy of the instrument from 0-1400 PPM HC shall be ±4 PPM C6 or 3% of point, whichever is greater. The calibration curve must comply with the quality control specifications in § 4(d)(2) for calibration curve verification.
(ii) Carbon monoxide analysis.
Carbon monoxide (CO) analysis shall be determined by nondispersive infrared (NDIR) analyzer. The analyzer shall cover at least the range of 0.00% CO to 9.99% CO, where % CO is % volume CO. The accuracy of the instrument between 0.01% and 7.00% CO shall be ±3% or 0.02% CO, whichever is greater. The accuracy of the instrument between 7.01% and 10.00% shall be at least 5.0% of point. The calibration curve must comply with the quality control specifications in § 4(d)(2) for calibration curve generation.
(iii) Carbon dioxide analysis.
Carbon dioxide (CO2) analysis shall be determined by nondispersive infrared (NDIR) analyzer. The analyzer shall cover at least the range of 0.0% CO2 to 16.0% CO2. The accuracy of the instrument between 0.01% and 16% CO2 shall be at least ±0.3% CO2 or 3% of point which ever is greater. The accuracy of the instrument between 16.01% and 18% shall be at least 5.0% of point. The calibration curve must comply with the quality control specifications in § 4(d)(2) for calibration curve generation.
(iv) Nitric oxide analysis.
The analyzer shall cover at least the range of 0 PPM NO to 5000 PPM NO, where PPM NO is parts per million nitric oxide. The accuracy of the instrument between 0 and 4000 PPM shall be at least ±4.0% of point or 25 PPM NO, whichever is greater. The accuracy of the instrument between 4001 and 5000 PPM shall be ±5.0%. The calibration curve must comply with the quality control specifications in § 4(d)(2) for calibration curve generation.
(v) Oxygen analysis (optional).
If an oxygen analyzer is included, the analyzer shall cover at least the range of 0.0% O2 to 25.0% O2. The accuracy of the instrument over this range shall be at least 5% of point or ±0.1% O2, whichever is greater. The calibration curve must comply with the quality control specifications in § 4(d)(2) for calibration curve generation.
(vi) Repeatability.
The repeatability for the HC analyzer in the range of 0-1400 PPM HC shall be 2% of point or 3 PPM HC absolute, whichever is greater. In the range of 1400-2000 PPM HC, the repeatability shall be 3% of point. The repeatability for the CO analyzer in the range of 0-700% CO shall be 2% of point or 0.02% CO absolute, whichever is greater. In the range of 7.00% to 10.00% CO, the repeatability shall be 3% of point. The repeatability for the CO2 analyzer in the range of 0-10.0% CO2 shall be 2% of point or 0.1% CO absolute, whichever is greater. In the range of 10.0% to 16.0% CO2, the repeatability shall be 3% of point. The repeatability of the NO analyzer shall be 3% of point or 20 PPM NO, whichever is greater. The repeatability of the O2 analyzer shall be 3% of point or 0.1% O2, whichever is greater.
(4) Ambient conditions.
The current relative humidity, dry-bulb temperature, and barometric pressure shall be measured and recorded prior to the start of every inspection in order to calculate KH (nitric oxide correction factor, see § 1(b)(v)).
(i) Relative humidity.
The relative humidity measurement device shall cover the range from 5% to 95% RH, and 35°F--110°F, with a minimum accuracy of °5% RH. Wet bulb thermometers shall not be used.
(ii) Dry-bulb temperature.
The dry-bulb temperature device shall cover the range from 35°F--110°F-with a minimum accuracy of ±3°F.
(iii) Barometric pressure.
The barometric pressure measurement device shall cover the range from 610 MM HG--810 MM HG, and 35°F--110°F, with a minimum accuracy of ±3% of point.
(d) Automated test process software and displays.
(1) Software.
The testing process, data collection and quality control features of the analyzer system shall be automated to the greatest degree possible. The software shall automatically select the emission standards and set the vehicle load based on a Department-provided or approved look-up table. Vehicle identification information may be derived from a database accessed over a real-time data system to a host computer system. Entry of license plate and all or part of the VIN shall be sufficient to access the vehicle record. Provision shall be made for manual entry of data for vehicles not in the host computer system.
(2) Test and mode timers.
The analyzer shall be capable of simultaneously determining the amount of time elapsed in a test, and in a mode within that test.
(3) Clocks and timers.
The clock used to check the coast-down time shall be accurate to within 0.1% of reading between 0.5 and 100 seconds, with a resolution of 0.001 seconds. The ASM test mode timers used shall be accurate to within 0.1% of reading between 10 and 1,000 seconds with a resolution of 0.1 seconds.
(4) Display refresh rate.
Dynamic information being displayed shall be refreshed at a minimum rate of twice per second.
(5) Minimum analyzer display resolution.
The analyzer electronics shall have sufficient resolution to achieve the following:
HC 1 PPM HC as hexane NO 1 PPM NO C 0.01 % CO CO2 0.1 % CO2 O2 0.1 % O2 RPM 10 RPM Speed 0.1 MPH Wheel Force 0.1 LB Relative Humidity 1 %RH Dry bulb temperature 1 °F Barometric pressure 1 MM HG (6) Engine speed detection.
The system shall be capable of detecting engine speed in revolutions per minute (RPM) with a 0.5 second response time and an accuracy of ±3% of the true RPM.
(7) Display during testing.
The display during testing shall read ''test in progress'' and shall digitally display the vehicle's speed in mph. Emissions values shall not be displayed during official testing.
§ 4. ASM quality control requirements.
(a) General requirements
(1) Minimums.
The frequency and standards for quality control specified here are minimum requirements, unless modified as specified in paragraph (2). Greater frequency or tighter standards may be used as needed.
(2) Statistical process control.
Reducing the frequency of the quality control checks, modifying the procedure or specification, or eliminating the quality control checks altogether may be allowed if the Department determines, for the purpose of properly conducting an approved short test, that sufficient statistical process control (SPC) data exist to make a determination, that the SPC data support such action, and that taking such action will not significantly reduce the quality of the emissions measurements. If emission measurement performance or quality deteriorate as a result of allowing such actions, the approval shall be suspended and the frequencies, procedures specifications, or checks specified here or otherwise approved shall be reinstated, pending further determination by the Department.
(b) Dynamometer
(1) Coast down check.
(i) Coast down frequency.
The calibration of each dynamometer shall be automatically checked every 72 hours in low volume stations (less than 4,000 tests per year) and daily in high volume stations, when the dynamometer is in active service, by a dynamometer coast-down procedure equivalent to § 86.118-78 (for reference see EOD test procedure TP-302A and TP-202) between the speeds of 30-20 mph and 20-10 mph. All rotating dynamometer components shall be included in the coast-down check. Speed windows smaller than ±5 mph may be used provided that they show the same calibration capabilities.
(ii) Coast down HP settings.
The base dynamometer inertia (2,000 pounds) shall be checked at two random horsepower settings for each speed range. The two random horsepower settings shall be between 8.0 to 18.0 horsepower. Use of a shunt resistor for a load cell performance check is not permissible because it does not verify the performance of the actual load cell, only the signal processing portion of the system.
(iii) Coast down procedure.
The coast-down procedure shall use a vehicle off-dynamometer type method or equivalent, using a vehicle to bring the dynamometer up to speed and removing the vehicle before the coast-down shall not be permitted. If either the measured 30-20 mph coast-down time or 20-10 mph coast-down time is outside the window bounded by DET (seconds) ±7% then it shall be locked out for official testing purposes until recalibration allows a passing value.
(a) Randomly select an IHP2525 value that is between 8.0 hp and 18.0 hp and set dynamometer PAU to this value.
Coast-down dynamometer from 30-20 mph.
Where:
DIW = Dynamometer inertia weight, total ''inertia'' weight of all rotating components in dynamometer.
V30 = Velocity in feet/sec at 30 mph.
V20 = Velocity in feet/sec at 20 mph.
IHP2525YY = Randomly selected ASM2525 indicated horsepower.
PLHP25-YY = Parasitic horsepower for specific dynamometer at 25 mph.
(b) Randomly select an IHP5015 value that is between 8.0 hp and 18.0 hp and set dynamometer PAU to this value.
Coast-down dynamometer from 20-10 mph.
Where:
DIW = Dynamometer inertia weight. Total ''inertia'' weight of all rotating components in dynamometer.
V20 = Velocity in feet/sec at 20 mph.
V10 = Velocity in feet/sec at 10 mph.
IHP5015YY = Randomly selected ASM5015 indicated horsepower.
PLHP15-YY = Parasitic horsepower for specific dynamometer at 15 mph.
(iv) Parasitic value calculations.
If the coast-down values does not verify in § 2(b)(iii).
Parasitic losses shall be calculated using the following equations at 25 and 15 mph. The indicated horsepower shall be set to zero for these tests.
(a) Parasitic losses at 25 mph for a dynamometer with YY diameter rollers.
Where:
DIW = Dynamometer inertia weight. Total ''inertia'' weight of all rotating components in dynamometer.
V30 = Velocity in feet/sec at 30 mph.
V20 = Velocity in feet/sec at 20 mph.
CDT = Coast-down time required for dynamometer to coast from 30 to 20 mph.
(b) Parasitic losses at 15 mph for a dynamometer with YY diameter rollers.
Where:
DIW = Dynamometer inertia weight. Total ''inertia'' weight of all rotating components in dynamometer.
V20 = Velocity in feet/sec at 20 mph.
V10 = Velocity in feet/sec at 10 mph.
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[Continued from previous Web Page] CDT = Coast-down time required for dynamometer to coast from 20 to 10 mph.
(2) Roll speed.
Roll speed and roll counts shall be checked at least once per week by an independent means (for example, photo tachometer). Deviations greater than ±0.2 mph or a comparable tolerance in roll counts shall require corrective action. Alternatively, a redundant roll speed transducer independent of the primary transducer may be used in lieu of the daily comparison. Accuracy of redundant systems shall be checked quarterly.
(c) Emission sampling system.
(1) Leak check.
The entire sample system shall be checked for vacuum leaks on a daily basis and for proper flow on a continuous basis. The sample system leak check shall be performed using the manufacturer's recommended procedure. The allowed maximum leak rate and minimum flow rate shall be those determined in the equipment certification procedure (see § 7).
(d) Analytic instruments.
(1) General requirements.
The analyzer shall, to the extent possible, maintain accuracy between gas calibrations taking into account all errors, including noise, repeatability, drift, linearity, temperature and barometric pressure.
(i) Calibration method.
(2) Two-point gas calibration.
Analyzers shall automatically require a two point gas calibration for HC, CO, CO2 and NO. Gas calibration shall be accomplished by introducing span gases that meets the requirements of (d)(3)(iv) in this section into the calibration port. The pressure in the sample cell shall be the same with the calibration gas flowing as with the sample gas flowing during sampling. When a calibration is initiated, the analyzer channels shall be adjusted to the center of the allowable tolerance range.
(ii) Calibration frequency.
Analyzers shall be calibrated within 72 hours before each official test. The Department may adjust the calibration check frequency as necessary based on a statistical process control algorithm approved by the Department. If the system does not calibrate or is not calibrated, the analyzer shall lock out from testing until corrective action is taken.
(iii) Working zero and span gases.
The following gases shall be used for the calibration check.
(a) Zero gas
O2 = 20.9%
HC < 1 PPM THC AS C-1
CO < 1 PPM
CO2 < 400 PPM
NO < 1 PPM
N2 = Balance 99.99% pure(b) Working span gas
HC = 3,200 PPM propane
CO = 8%
CO2 = 12%
NO = 3,000 PPM
N2 = Balance 99.99% pure(iv) Traceability. The span gases used for the gas calibration and the gas audit shall be traceable to National Institute of Standards and Technology (NIST) standards ±1%, and, in the case of low volume stations shall have a zero blend tolerance.
Alternatively, 5% blend tolerance gases may be used if the system reads the bar-coded calibration gas bottle specifications and adjusts the calibration accordingly.
(3) Five-point gas audit.
(i) Audit frequency.
Analyzers shall successfully pass a five point gas audit for HC, CO, NO and CO2. Analyzers shall undergo the audit procedure minimally every 6 months. For either type of station, the analyzer shall be adjusted or repaired if the requirements of § 3(c)(2) are not met.
(ii) Audit method.
The gas calibration audit shall be accomplished by introducing span gas that meets the requirements of § (d)(3)(iv). The pressure in the sample cell shall be the same with the calibration audit gas flowing as with the sample gas flowing during sampling.
(iii) Audit gases.
The following gases shall be used for the calibration check. Other calibration gas values may be acceptable when a ''gas blender'' apparatus is used if approved by the Department.
(a) Zero gas
O2 = 20.9% (if O2 span is desired)
HC < 1.0 PPM THC
CO < 1.0 PPM
CO2 < 1 PPM
NO < 1.0 PPM
N2 = Balance 99.99% pure(b) Low range calibration gas
HC = 200 PPM propane
CO = 0.5%
CO2 = 6.0%
NO = 300 PPM
N2 = Balance 99.99% pure(c) Low-middle range calibration gas
HC = 960 PPM propane
CO = 2.4%
CO2 = 3.6%
NO = 900 PPM
N2 = Balance 99.99% pure(d) High-middle range calibration gas
HC = 1920 PPM propane
CO = 4.8%
CO2 = 7.2%
NO = 1800 PPM
N2 = Balance 99.99% pure(e) High range calibration gas
HC = 3200 PPM propane
CO = 8.0%
CO2 = 12.0%
NO = 3000 PPM
N2 = Balance 99.99% pure(iv) Traceability. The span gases used for the gas calibration and the gas audit shall be traceable to National Institute of Standards and Technology (NIST) standards ±1% and, in the case of low volume stations shall have a zero blend tolerance. Alternatively, 5% blend tolerance gases may be used if the system reads the bar-coded calibration gas bottle specifications and adjusts the calibration accordingly.
(v) Audit specifications. The analytical system shall read the audit gas within 5% of labeled value. The analyzer shall be adjusted or repaired if the accuracy specifications are not met.
(4) Service and repair calibration.
(i) In-field calibration.
Each time an analyzer's emissions measurement system, sensor or other electronic components are repaired or replaced, a minimum of a five-point gas audit such as (d)(3) shall be performed prior to returning the unit to service.
(ii) Leak check
Each time the sample line integrity is broken, a leak check shall be performed prior to testing.
§ 5. ASM test record information.
(a) General requirements
(1) Test data.
In addition to the information required to uniquely identify the testing station, technician and vehicle, the following data shall also be recorded.
(i) General records
a. Test record number
b. Inspection station and inspector numbers
c. Test system number
d. Dynamometer site
e. Date of test
f. Emission test start time and the time the final emission scores are determined
g. Vehicle identification number
h. License plate number
i. Test certificate number
j. Vehicle model year, make and type
k. Number of cylinders or engine displacement
l. Transmission type
m. Odometer reading
n. Type of test performed (that is, initial test, first retest or subsequent retest)
(ii) Ambient test conditions
a. Relative humidity (%)
b. Dry-bulb temperature (°F)
c. Atmospheric pressure (MM HG)
d. No correction factor
e. System response time for each instrument (Transport +T90)
(iii) ASM5015 mode
a. ASM5015 final HC running average (AVGHC) (PPM).
b. ASM5015 final CO running average (AVGCO) (%).
c. ASM5015 final NO running average (AVGNO) (PPM).
d. Total ASM5015 horsepower used to set the DYNE (THP5015) (HP).
e. Engine RPM running average corresponding to the final test score.
f. Dilution correction factor (DCF).
(iv) Diagnostic/quality assurance information.
a. Test time (SEC).
b. Mode time (SEC).
c. Vehicle speed (MPH) for each second of the test.
d. Engine RPM running average.
e. Dynamometer load (pounds) for each second of the test.
f. HC concentration (PPM) for each second of the test.
g. CO concentration (%) for each second of the test.
h. No concentration (PPM) for each second of the test.
i. CO2 concentration (%) for each second of the test.
j. O2 concentration (%) for each second of the test (optional).
§ 6. ASM terms and definitions.
HPXXXXYY = The ASM actual horsepower value contained in the look up table for a vehicle being tested (using the ASM5015 or 2525) on a dynamometer with YY inch diameter rollers. The actual horsepower is the sum of the indicated horsepower and the parasitic losses (PLHPZZ-YY).
IHPXXXXYY = The ''indicated'' ASM horsepower value set on the dynamometer.
THPXXXX = The ''total'' horsepower for an ASM test includes indicated, tire losses and parasitics. This value is independent of roll size.
ETW = Equivalent test weight. Weight class of vehicle for testing, defined as curb weight plus 300 pounds. For ASM testing, it is rounded to the nearest 125 pound increment.
GTRL@ZZ MPH-YY = Generic tire-roll interface horsepower losses at ZZ mph on a dynamometer with YY inch diameter rollers.
PLHPZZ-YY = Parasitic losses (horsepower) due to internal dynamometer friction. A value is specific to each individual dynamometer and speed.
AT = 1st curve coefficient used to characterize tire/roll losses. Different values depending on dynamometer roller diameter.
BT = 2nd curve coefficient used to characterize tire/roll losses. Different values depending on dynamometer roller diameter.
CT = 3rd curve coefficient used to characterize tire/roll losses. Different values depending on dynamometer roller diameter.
XXXX = Place holder for ASM test mode, ASM5015 or ASM 2525.
YY = Place holder for dynamometer roll diameter. Usually 8.6 or 20 inches.
ZZ = Place holder for dynamometer speed. Usually 15 mph or 25 mph.
§ 7. Equipment certification procedures.
I. Dynamometer.
A. Load cell verification (if equipped).
This test confirms the proper operation of the dynamometer load cell and associated systems. Weights in the proper range shall be supplied by the system supplier. Weights shall be NIST traceable to 0.1% of point.
(1) Calibrate the load cell according to the manufacturer's direction.
(2) Using a dead weight method, load the test cell to 20%, 40%, 60% and 80% (in ascending order) of the range used for ASM testing. Record the readings for each weight.
(3) Remove the weights in the same steps (descending order) and record the results.
(4) Perform steps A through B two more times (total of three).
(5) Calculate the average value for each weight.
(6) Multiply the average weight from E by the length of the torque arm.
Acceptance criteria: The difference for each reading from the weight shall not exceed 0.1% of full scale.
B. Speedometer verification.
This test confirms the accuracy of the dynamometer's speedometer.
(1) Set dynamometer speed to 15 MPH.
(2) Independently measure and record dynamometer speed.
(3) Repeat at 25 mph.
Acceptance criteria: The difference for each reading from set dynamometer speed shall not exceed 0.2 mph.
C. Parasitic verification.
Parasitic losses shall be calculated using the following equations at 25 and 15 mph. The indicated horsepower (IHPXXXXYY) shall be set to zero for these tests. Using time versus speed data from the system, calculate PLHPYY for 15 mph and 25 mph.
(1) Parasitic losses at 25 mph for a dynamometer with YY diameter rollers.
Where:
DIW = Dynamometer inertia weight. Total ''inertia'' weight of all rotating components in dynamometer.
V30 = Velocity in feet/sec at 30 mph.
V20 = Velocity in feet/sec at 20 mph.
CDT = Coast-down time required for dynamometer to coast from 30 to 20 mph.
(2) Parasitic losses at 15 mph for a dynamometer with YY diameter rollers.
Where:
DIW = Dynamometer inertia weight. Total ''inertia'' weight of all rotating components in dynamometer.
V20 = Velocity in feet/sec at 20 mph.
V10 = Velocity in feet/sec at 10 mph.
CDT = Coast-down time required for dynamometer to coast from 20 to 10 mph.
Acceptance criteria: The difference between the external calculated value and the machine calculated value shall not exceed 0.25 HP (or 6.25 lb. wheel force a 15 MPH and 3.75 lb. wheel force at 25 mph).
D. Verify coast-down.
The coast-down procedure shall use a vehicle off-dynamometer type method or equivalent. Using a vehicle to bring the dynamometer up to speed and removing the vehicle before the coast-down shall not be permitted.
(1) Randomly select an IHP2525 value that is between 8.0 hp and 18.0 hp and set dynamometer PAU to this value.
Coast-down dynamometer from 30-20 mph.
Where:
DIW = Dynamometer inertia weight. Total ''inertia'' weight of all rotating components in dynamometer.
V30 = Velocity in feet/sec at 30 mph.
V20 = Velocity in feet/sec at 20 mph.
IHP2525YY = Randomly selected ASM2525 indicated horsepower.
PLHP25-YY = Parasitic horsepower for specific dynamometer at 25 mph.
(2) Randomly select an IHP5015 value that is between 8.0 hp and 18.0 hp and set dynamometer PAU to this value.
Coast-down dynamometer from 20-10 mph.
Where:
DIW = Dynamometer inertia weight. Total ''inertia'' weight of all rotating components in dynamometer.
V20 = Velocity in feet/sec at 20 mph.
V10 = Velocity in feet/sect at 10 mph.
IHP5015YY = Randomly selected ASM5015 indicated horsepower.
PLHP15-YY = Parasitic horsepower for specific dynamometer at 15 mph.
Acceptance criteria: The measured 30-20 mph coast-down time and the 20-10 mph coast-down time must be inside the window bounded by DET (seconds ±7%.
II. Analyzer system:
A. Analyzer warm-up.
The analyzer shall be turned off and at a room temperature not greater than 41°F for a time period of at least 4 hours.
Analyzer warm-up acceptance criteria. The analyzer shall reach stability in less than 30 minutes at 41°F from start-up. If an analyzer does not achieve stability within the allotted time frame, it shall be locked out from testing. The instrument shall be considered ''warmed up'' when the zero and span readings for HC, CO, NO and CO2 have stabilized, within the accuracy values specified in § 3(c)(2) for 5 minutes without adjustment.
B. Leak rate.
A needle valve teed into the line upstream of the sample pump inlet shall be used to induce a leak which reduces the readings by 3%. Perform a leak check using the manufacturer's recommended procedures. The unit under test shall fail the leak check and prevent further testing until corrective action is performed.
Leak rate acceptance criteria. The analyzer shall not allow a deviation of more than 3% of the readings obtained using the mid-range span gas described in paragraph (d)(3)(iii)(c) of § 4.
C. Flow restrictions.
(1) Using the mid-range span gas described in Paragraph (d)(3)(iii)(c) of § 4 entering the sample probe at atmospheric pressure, take a base reading with no restriction in the line. Insert a throttling valve in the vacuum side of the sampling system. With the gas flowing (still at atmospheric pressure), restrict the sample flow until: (1) the low flow indication is activated, (2) the response time of the slowest NDIR channel exceeds 11 seconds to 90% of the base reading, or (3) the actual gas reading differs from the base reading on any channel by more than 3% of the base reading.
Acceptance criteria: The low flow indication is activated and the response times of all NDIR channels are 13 seconds or less to 90% of the base readings, and the actual gas readings differ from the base readings by 3% of the base readings or less.
(2) If the low flow sensor is activated by pressure (or vacuum), insert A 0-10 PSIG (0-30 in. HG) gauge between the throttling valve and the inlet O the low flow sensor. Use the throttling valve to activate and deactivate the low flow indication. Measure the pressure (or vacuum) at which activation and deactivation occur. Perform this test three times.
Acceptance criteria: The difference between the activation point and deactivation point shall be no greater than 3% of the activation point pressure (or vacuum).
D. Dilution.
The procedure for measuring flow rate dilution shall be as follows:
(1) Set vehicle with 1.6 liter maximum engine displacement at factory-recommended idle speed. OEM configuration exhaust system, transmission in neutral, hood up (a fan to cool the engine may be used if needed). Set idle speed not to exceed 920 RPM. (Set for 900 RPM with a tolerance ± 20 RPM.)
(2) With a laboratory grade analyzer system, sample the exhaust at 40 centimeters depth with a flow sample rate below 320 liters per hour. Allow sufficient time for this test. Record all HC, CO, NO, CO2 and O2 readings. A chart recorder or electronically stored data may be used to detect the point of stable readings.
(3) While operating the candidate analyzer system in a mode which has the same flow rate as the official test mode. Record the levels of HC, CO, NO, CO2 and O2. Ensure that the probe is installed correctly.
(4) Repeat step (II).
Acceptance criteria: The flow rate on the analyzer shall not cause more than 10% dilution during sampling of exhaust of a 1.6 liter engine a normal idle. Ten percent dilution is defined as a sample of 90% exhaust and 10% ambient air. If the difference of the readings between (ii) and (iv) exceed 5% of the average of (ii) and (iv), repeat (ii), (iii), and (iv); otherwise average (ii) and (iv) and compare with (iii). If (iii) is within 10% of the average of (ii) and (iv), then the equipment meets the dilution specification.
E. Analyzer accuracy.
This test confirms the ability of the candidate instruments to read various concentrations of gases within the tolerances required by this specification. The test compares the response of the candidate instrument with that of standard instruments, and also estimates the uncertainty of the readings.
The analyzer shall be zeroed and span gas calibrated using the working gases. The instrument shall be tested using propane, carbon monoxide, carbon dioxide and nitric oxide in nitrogen, with a certified accuracy of ±1%, in the following concentrations: 0%, 10%, 20%, 30%, 40%, 50%, 60%, 70%, 80%, 90% of full scale for the analyzers. Full scale is defined in § 3(c)(3).
(1) Introduce the gases in ascending order of concentrations, through the probe, beginning with the zero gas. Record the readings of the standard and candidate instruments to each concentration value.
(2) After the highest concentration has been introduced and recorded, introduce the same gases to the standard and candidate analyzers in descending order, including the zero gas. Record the reading of analyzers to each gas, including negatives (if any).
(3) Repeat steps A and B for the candidate only, four more times (total of five times).
(4) Calculations:
a. Calculate the average value of each concentration for the readings of the standard instruments.
b. Calculate the mean and standard deviation of each candidate's readings for each concentration. Include both upscale and down scale readings for the same gas concentration. (All calculations may not be possible for zero concentrations.)
c. For each concentration, calculate the difference between the candidate mean and the standard average.
d. For each concentration, compute the following:
(i) Y1 = X + KSD
(ii) Y2 = X - KSD
Where:
KSD = STD DEV * 3.5 for zero and the highest concentration value.
KSD = STD DEV * 2.5 for all other concentration values, and
X = Mean (arithmetic average) of the set of candidate readings.
e. Compute the uncertainty (U) of the calibration curve for each concentration as follows:
(i) U1 = Concentration value - Y1
(ii) U2 = Concentration value - Y2
Acceptance criteria: (1) for each concentration, the differences calculated in Step 3 shall be no greater than the accuracy tolerances specified in § 3(c)(3). (2) for each concentration, the uncertainties, (U1 and U2) shall be no greater than the accuracy tolerances required in § 3(c)(3).
F. Analyzer system repeatability.
This test characterizes the ability of the instrument to give consistent readings when repeatedly sampling the same gas concentration.
(1) Using an 80% full scale gas, introduce the gas through the sample probe. Record the readings.
(2) Purge with ambient air for at least 30 seconds but no more than 60 seconds.
(3) Repeat steps (1) and (2) above four more times.
(4) Repeat steps (1), (2) and (3), introducing the gas through the sample probe.
Acceptance criteria: The differences between the highest and lowest readings from both ports shall not exceed the value specified in § 3(c)(3).
G. Analyzer system response time.
This test determines the speed of response of the candidate instrument when a sample is introduced at the sample probe.
(1) Gas calibrate the candidate instrument per the manufacturer's instructions.
(2) Using a solenoid valve or equivalent selector system, remotely introduce an 80% full scale gas to the probe. The gas pressure at the entrance to the probe shall be equal to room ambient.
(3) Measure the elapsed time required for the instrument display to read 90% of the final stabilized reading for HC, CO, CO2 and NO. (Optional: also, measure the time required for the O2 analyzer to read 0.1% O2). Alternatively, the bench outputs may be recorded against a time base to determine the response time. Record all times in seconds.
(4) Switch the solenoid valve to purge with zero air for at least 40 seconds but no more than 60 seconds.
(5) Measure the elapsed time required for the NO instrument display to read 10% of the stabilized reading in Step (3).
(6) Repeat steps (1), (2) and (3), two more times (total three times).
Acceptance criteria: The response (drop time for O2 and NO. Rise time for HC, CO, CO2 and NO) time shall meet the requirement specified in § 3(c)(2)(X). The response time shall also be within ± 1 second of the nominal response time supplied by the equipment supplier for use in § 5(1)(a)(i)(e).
H. Analyzer interference effects.
The following acceptance test procedure shall be performed at 45°F, 75°F and 105°F conditions, except as noted.
(1) Zero and span the instrument.
(2) Sample the following gases for at least 1 minute. Record the response of each channel to the presence of these gases.
a. 16% carbon dioxide in nitrogen.
b. 1600 PPM hexane in nitrogen.
c. 10% carbon monoxide in nitrogen.
d. 3000 PPM nitric oxide in nitrogen.
e. 75 PPM sulfur dioxide (SO2) in nitrogen.
f. 75 PPM hydrogen sulfide (H2S) in nitrogen.
(3) Water-saturated hot air. The water-saturated hot air shall be drawn through the probe from the top of a sealed vessel partially filled with water through which ambient air will be bubbled. The water shall be maintained at a temperature of 122°F ±9°F. This test shall be performed at only the 75°F, and 105°F conditions.
Acceptance criteria: The interference effects shall not exceed the limits specified in § 3(c)(2)(iii).
I. Electromagnetic isolation and interference.
This test shall measure the ability of the candidate instrument to withstand electromagnetic fields which could exist in vehicle testing and repair facilities. For all tests described below, sample ''low-middle calibration gas'' specified in § 4(d)(3)(iii)(c), at atmospheric pressure, through the sample probe. Record analyzer reading during test periods.
(1) Radio frequency interference test.
a. Use a test vehicle with an engine having a high energy ignition system (or equivalent), a solid core coil wire and a 3/8" air gap. Leave engine off.
b. Locate the candidate instrument within 5 feet of the ignition coil. Gas calibrate the candidate instrument.
c. Sample gas specified above. Wait 20 seconds, and record analyzer readings.
d. Start engine. With the hood open, cycle the engine from idle through 2500 RPM. With the gas flowing record the analyzer readings.
e. Relocate the instrument to within 6 inches of one side of the vehicle near the engine compartment. Repeat Step 4.
f. Relocate the instrument to within 6 inches of the other side of the vehicle near the engine compartment. Repeat Step 4.
Acceptance criteria: The analyzer readings shall deviate no more than 0.5% full scale.
(2) Induction field test. Use a variable speed (commutator type) hand drill having a plastic housing and rated at 3 amps or more. While the analyzer is sampling the gas, vary the drill speed from zero to maximum while moving from the front to the sides of the instrument at various heights.
Acceptance criteria: The analyzer readings shall deviate no more than 0.5% full scale.
(3) Line interference test. Plug the drill used in Part B above into one outlet of A #16-3 wire extension cord approximately 20 feet long. Connect the instrument into the other outlet of the extension cord. Repeat Part B above.
Acceptance criteria: The analyzer readings shall deviate no more than 0.5% full scale.
(4) VHF band frequency interference test. Locate both a citizens ban radio (CB), with output equivalent to FCC legal maximum, and a highway patrol transmitter (or equivalent) within 50 feet of the instrument. While the analyzer is sampling the gas, press and release transmit button of both radios several times.
Acceptance criteria: The analyzer readings shall deviate no more than 0.5% full scale.
(5) Ambient conditions instruments. Upon installation and every 6 months, the performance of the ambient conditions instruments shall be cross checked against a master weather station.
Acceptance criteria: The individual instruments shall be within the tolerance specified in § 3(c)(4).
§ 8. Software specifications and enhanced emission inspection waiver procedure.
(a). Software specifications.
(1) General.
(i) The software shall prompt the test personnel to restrain the vehicle. The test system does not need to have a feedback to detect the presence of the restrain system. (Shop requirement).
(ii) At each calibration called for in § 4(d)(2)(i), the system shall automatically record the date, time, the gas readings for HC, CO, NO and CO2 prior to adjustment to the labeled gas values of the calibration gases, and the gas readings after adjustment. This data shall be readily accessible for purposes of statistical process control analysis.
(iii) Software shall be developed and provided to permit statistical process control procedures to be utilized to determine calibration lengths and intervals and other procedures as specified in § 4(a) and as otherwise determined by the Commonwealth.
(2) Software shall be developed and provided to permit the use of the enhanced waiver procedure described in subsection 8(b) of this appendix.
(3) Enhanced emission inspection equipment software for the Pennsylvania enhanced emission inspection program shall be approved by the Department or its designee prior to installation and use in enhanced emission inspection equipment installed at certified enhanced emission inspection stations.
(4) An emission inspection test report, meeting the requirements of § 177.252(b), shall be generated by the analyzer. A sample is attached as Exhibit A.
(b) Enhanced emission inspection waiver procedure.
(1) After failing initial I/M test, vehicle will receive vehicle repair form.
(i) This form must be completed by person repairing vehicle.
(ii) Completed form will include repairs done and cost of such repairs.
(2) When repairs are completed, vehicle shall be returned to a certified emission inspection.
(3) When retest is begun, repairs made and cost of repairs will be entered into analyzer.
(i) If vehicle fails retest, screen will prompt inspector ''Do you wish waiver?''
(ii) If no, retest will be aborted.
(iii) If yes, inspector will be presented with analyzer waiver screen.
(iv) This screen will ask for certified repair technician number (it may be read by bar code reader or manually entered).
(4) The vehicle inspection information data base (VIID) will be queried and the repair data, including cost, will be examined.
(5) The VIID will review the transmitted data.
(i) The repairs will be compared with the cause of the failure to ensure that they were appropriate to the failure.
(ii) the cost of the repairs will be examined to ensure that cost meets minimum requirements for a waiver.
(6) If the VIID determines that the waiver requirements as specified in § 177.281 and § 177.282 have not been satisfied, the VIID will return a ''NO'' to request for waiver.
(7) If all waiver requirements under § 177.281 and § 177.282 are met, the VIID will transmit a unique waiver transaction approval number to the certified repair technician approving the waiver.
(7) The waiver sticker may then be placed on the vehicle.
(8) Copies of all repair receipts must be kept by the inspection station issuing waiver.
(i) All waiver repair receipts will be examined by quality assurance officers during normal record audits.
(ii) Waiver repair receipts may also be examined at any time by quality assurance officers or other qualified Commonwealth employes.
§ 9. Hardware specifications.
(a) General.
(1) Tamper control
--Keys allowed Yes --Solenoid required Optional --Switches required Yes --Secure user floppy No --Allow DOS access No --Gas analyzer Yes --Detect power off Yes (2) Computer requirements
Processor (minimum): Pentium OS system: Latest version of commercially
available OSRAM required (minimum): 16 MB Minimum RAM upgrade capability 32 MB Secured floppy drive (3.5"): 1 Hard drive size (minimum): 1.2 GB 2nd HD expansion required: Yes 2nd 3.5" expansion required: Yes CD required (4X minimum): Optional 16 BIT sound card (minimum) Optional Modem speed (minimum): 28.8 Free slots required: 2 Mouse upgrade: Optional (3) Ports/connectors:
--Parallel (minimum): 2 --Serial (free port) 1 (BAUD 300-115.2) 111 MAX (DB25 connector): Yes --Special serial port:* 1 (4) Special COMM PORTS CPC
--12V switched power Yes --12V protected Yes * An additional RS232 serial port shall be provided specifically to conduct either a gas cap test or a tank integrity test (pressure test) and a purge test when the appropriate test(s) or alternate tests are developed and approved by the Federal Environmental Protection Agency (EPA).
(5) Bar code scanner 2D --User replaceable Yes (6) Printer (Laser): 1 --User replaceable: Yes (7) Keyboard: 101 --User replaceable Yes (8) Video CRT: 14" --User replaceable Yes --Memory (minimum): 1 MB --Resolution: SVGA (9) Other devices required:
--Opacity Future --OBD II Port Future upgrade --Gas cap tester Yes --Tachometer number 3 --Conventional 1 --Non-intrusive 1 --OBD II 1, when available Notes:
A. Operating system (OS) must be upgradable to Windows 95, if required by Department at a later date.
B. Manufacturer must demonstrate a working unit to the Department of Transportation or designee. Unit must provide minimum capabilities listed with costing for all options, including future upgrades.
(b) Gas analyzers.
(1) Bench performance (minimum):
Pennsylvania (East Coast)Specification
--Measured gases (standard): 4 --NO Standard --Humidity compensated Standard --PEF range (.XX format) 47-56 --Warmup time 15 minutes --Ranges
HC PPM 0-10,000 CO% 0-14.0 CO2% 0-18.0 NO PPM 0-5,000 O2% 0-25.0 --Zero set two point Yes (2) Sample system
--Dual probes required: Yes --25` sample hose required: Yes (3) Calibration system
--Zero gas required Yes --Calibration frequency 3 days --Calibration Single --Second gas Optional --Third gas Open --Calibration gas specifications
Accuracy +/- 1% Blend tolerance +/- 5% Type, blend TRI/QUAD* Values
CO% 3.5% HC propane 2,000 CO2 14.0 NO 2,000 (4) 3 ports shall be provided for calibration gas: 1 port shall be for zero gas, 1 port shall be used for calibration gas and 1 port shall be for a spare. Hardware shall be included to activate the third port.
(5) Vented storage required N/S (6) ASM areas will use QUAD blend, idle test areas will use tri blend
(c) ASM dynamometer
(1) Base specification Pennsylvania --Upgrade Standard (2) Identification Plate N/S (3) MAX vehicle test weight 9000 GVWR (4) Absorber accuracy +/- 2% (5) Base inertia 2000 +/- 40 Inertia simulation range 2-6 --Mechanical increments 500 --Electrical increments 1 (6) Roll diameter 8.5-21 (7) Testable track width 30-100 (8) Coast down CK 3 day (9) Vehicle weight measurement No (10) Vehicle restraint monitor No (11) Aximum allowed incline 5% (12) Automatic lift Yes --Power failure backup No (13) Remote control N/S (14) Fan required No --Remote control N/S (15) Augmented braking No (13) 12V PC controlled power switched Notes:
The fan in the Pennsylvania/East Coast specification is a shop requirement.
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APPENDIX B Department Procedures and Specifications § 1. Analyzer Specifications for Basic Emission Program Areas.
Exhaust emission analyzers approved by the Bureau shall meet the following requirements:
(1) Conform, as applicable, to the following requirements:
(i) Meet the specifications set forth in California BAR Exhaust Gas Analyzer Specifications, 1979 (Bar 80) and this section.
(ii) Meet Section 207B of the Federal Clean Air Act (42 U.S.C.A. § 7541(b)) warranty specifications.
(2) Conform with the following minimum automatic data collection (ADC) specifications:
(i) The ADC unit shall be completely compatible with the analytical equipment portion, known as the bench, of the exhaust emission analyzer.
(ii) There shall be an alpha-numeric keyboard capable of entering the following types of data for permanent transfer to a storage medium, and as set forth in subparagraph (IX). The system shall automatically enter data indicated (auto). Data shall be entered and stored to capture the following minimum information in the following steps:
(A) Date of test (auto)--mandatory entry, field programmed by manufacturer.
(B) Station number (auto)--mandatory entry, permanently set, 5 alpha-numeric characters, field programmed by manufacturer.
(C) Inspector number--mandatory entry, 9 numeric characters.
(D) Vehicle ID number--mandatory entry, title number or VIN, maximum characters used is 26.
(E) Test type--mandatory entry, initial test indicator, retest indicator.
(F) Vehicle year or engine year--mandatory entry.
(G) Cylinder code--mandatory entry, indicator to key in number of cylinders on the vehicle; rotary engines shall be coded as 2 cylinder engines.
(H) Vehicle type--mandatory entry, two categories designated for: passenger cars and trucks under 6,000 pounds GVWR and trucks 6,000 to 9,000 pounds GVWR. At this segment of the emission inspection, the emission inspection inspector shall proceed with the hang-up check. Upon successful completion of this check, the test may no longer be aborted requiring the emission inspector to insert the tailpipe probe and activate the Pennsylvania Emission Test automatically selecting the HC and CO standard required, plus the RPM and CO values required. Sample collection shall require 17 seconds; validation of the sample shall require 5 seconds; and emission sampling immediately after validation shall require 10 seconds.
(I) RPM reading (auto)--actual reading, display suppressed during emission test.
(J) Hydrocarbon (HC, auto)--reading in PPM, display suppressed during emission test.
(K) Carbon Monoxide (CO, auto)--reading in %, display suppressed during emission test.
(L) Carbon Dioxide (CO, auto)--reading in %, display suppressed during emission test.
(M) Invalid test (auto)--display suppressed, during emission test.
Four categories designated for:
CO pass/RPM pass;
CO pass/RPM fail;
CO fail/RPM pass;
CO fail/RPM fail.
(N) Pass/fail (auto)--display suppressed, during emission test.
Four categories designated for:
HC pass/CO pass;
HC pass/CO fail;
HC fail/CO pass;
HC fail/CO fail.
The automatic test results (auto) suppressed during the Pennsylvania emission test may be displayed after the information is automatically stored. This is an optional feature which may be provided by the manufacturer.
(O) Emission inspection fee--mandatory entry.
(P) Emission adjustment or repair performed--adjustment or repair indicator (Mandatory entry for retest entry, displayed only if retest is entered).
(Q) Waiver issued--yes indicator or no indicator (mandatory entry for retest entry, displayed only if retest is entered).
(R) Sticker number or training number--mandatory entry for pass or if waiver used, 11 alpha-numeric characters (display and entry required for passing test or waiver).
(S) Manufacturer's ID (auto)--2 alpha-numeric characters assigned by the Department.
(iii) Data shall be entered by a Certified Emission Inspection Inspector by the alpha-numeric keyboard in the sequence specified:
Mandatory entry data shall be completed before being allowed to proceed to the next data entry item, nonmandatory entry data are only required as specified. After completing the vehicle type entry the HC hang-up check shall be activated. Upon successful completion of this check the Emission Inspector may no longer abort the test and shall insert the probe into the subject vehicle's tailpipe and activate the Pennsylvania Emission Test. This shall automatically activate the collection, validation and emission sampling, and automatically key appropriate HC, CO, CO2 and RPM limits, for pass/fail and invalid test decisions. The entry items designated display suppressed during emission test may not be shown on the display until the test is completed. Test data shall be automatically entered directly into storage and printed on the consumer reports. Data entry items designated field programmed by manufacturer shall be capable of programming changes to meet Emission I/M program required changes.
(iv) The analyzer shall be capable of use as a diagnostic tool and shall also be capable of testing for RPM, HC, CO and CO2, providing corresponding screens for diagnostic use when not activated in the Pennsylvania Emission Test.
(v) The keyboard shall be designed to accommodate the working environment of inspection facilities and to allow for wearing of gloves and contact with grease and oil compounds. The unit shall have the capacity to accommodate 16 present emission standards which may be changed by regulation.
(vi) The keyboard shall provide a capability function so that as data is improperly entered it can be corrected. The automatically-auto-entered data may not be affected by this function.
(vii) When the data is transferred from the storage medium, the unit shall provide the following test after loading the replacement storage medium.
(a) Record a predetermined test record as in subparagraph (ii) in which all number fields are filled with the number ''one'' and all alpha and alpha-numeric field are filled with the letter ''A.''
(b) Stop recording.
(c) Read the predetermined test record now on the storage medium.
(d) Compare the predetermined test record on the storage medium with the predetermined record in memory:
(e) Prohibit the instrument from further recording on the storage medium and cause the instrument to indicate this storage medium failure to the operator if the predetermined test record does not correspond directly to that in the memory.
(f) Permit the system to proceed if the predetermined test record in the storage medium corresponds directly to that in the memory.
(viii) The hydrocarbon (HC) hang-up reading in the sampling system may not exceed 20 PPM hexane before each test as measured by the analyzer zeroed on room air. The analyzer shall be designed for automatic HC hang-up checks of the sampling system using room air. The analyzer shall have a selector switch, button with indicator light labeled ''hang-up check'' or other equivalent display prompter/indicator. Hang-up activation shall cause the analyzer to automatically sample room air through the sample line and probe. The check system shall continue to sample room air until the HC response is below 20 PPM hexane. When the HC level stabilizes below this value, an indication that testing may begin shall be displayed. The analyzer shall be precluded from operating until the HC level is met. The analyzer shall also be locked out unless a successful hang-up check has been performed since the last activation of the test sequence or the HC analyzer has not experienced an HC level greater than that specified in this subparagraph.
(ix) Engine tachometer/idle lockout shall be treated as follows:
(a) A digital tachometer shall be integrated with the console for the purposes of measuring engine speed according to the number of cylinders indicated 1 through 12 cylinder vehicles, in the data entry section. The hook-up to the engine shall be by means of an inductive pick-up.
(b) The following table provides maximum engine RPMs allowable according to number of cylinders:
(i) Maximum idle speeds (shall be field programmed by the manufacturer).
(ii) More than 4 cylinders 1200 RPM maximum.
(iii) Four or less cylinders 1600 RPM maximum.
(c) A lock-out feature shall apply only to vehicles tested in the inspection mode and shall be provided in the tachometer that will cause an ''invalid test'' to occur and to be displayed, printed and stored if the test idle speed range is exceeded or if the speed fluctuates in excess of 20% of the reading. This data shall be field programmed by the manufacturer.
(x) The analyzer shall be equipped with an antidilution feature to identify vehicle exhaust system leaks and sample dilution. The technique for identifying leaks is monitoring the CO2 levels in the exhaust. If the CO2 reading is less than the lower limit, the analyzer shall display, print and store ''invalid'' test indication. The minimum acceptable CO2 values shall be field programmed by the manufacturer. At least two lower-limit CO2 values shall be capable of being used:
(a) Vehicle equipped with air pump: 4%.
(b) Vehicle without air pump: 6%.
(xi) In the record mode, if the space on the storage medium available for recording is not sufficient to record the entire test and information as specified in subparagraph (ii), the test may not proceed and the analyzer shall immediately lock out the testing mode of the analyzer until the manufacturer or service provider replaces the storage medium. The emission inspector shall be prohibited from replacing the storage medium.
(xii) The data collection system shall provide to the emission inspection inspector a visual display of the data as it is being entered, except for that data which is required under aubparagraph (ii) to be suppressed during the emission test.
(xiii) The analyzer system shall have the capability to provide an electronic-mechanical span/zero check every hour. If the check is not made or fails either span or zero (gas calibration or electrical component failure), the analyzer shall automatically lock out any capability of activating an emission test until the analyzer is properly adjusted or repaired. In addition, gas span checks or leak checks, checked on a weekly basis (180 calendar hours), which fail shall cause the analyzer to automatically lock out any capability of activating an enhanced emission test until the analyzer is properly adjusted or repaired.
(3) Provide all of the following capabilities:
(i) The standard is automatically selected upon activating the emission test.
(ii) The HC, CO, CO2 and RPM readings are automatically taken and an automatic pass/fail or invalid test determination is supplied by one of the specific codes provided in paragraph (2)(ii) upon placing the probe into the subject vehicle tailpipe and activating the test sequence.
(iii) The HC, CO, CO2, RPM and pass/fail or invalid test data are automatically recorded into the storage medium and recorded onto the consumer reports.
§ 2. Evaporative System Function Tests.
(a) Evaporative system pressure test, the evaporative system pressure test procedure shall be as follows:
(1) An evaporative system pressure test shall be performed on 1981 and newer model year subject vehicles.
(2) The test sequence shall consist of the following steps:
(i) Test equipment shall be connected to the fuel tank canister hose at the canister end. The gas cap shall be checked to ensure that it is properly, but not excessively tightened, and shall be tightened if necessary.
(ii) The system shall be pressurized to 14 +/- 0.5 inch of water without exceeding 26 inches of water system pressure.
(iii) The pressure source shall be closed off, the evaporative system sealed and pressure decay monitored for 2 minutes.
(iv) The gas cap shall be removed after 2 minutes and the evaporative system monitored for a sudden pressure drop, indicating that the fuel tank was pressurized.
(v) The inspector shall be responsible for ensuring that items that are disconnected in the conduct of the test procedure are properly reconnected at the conclusion of the test procedure. Damage done to the evaporative emission control system during this test shall be repaired at the expense of the inspection station.
(3) Vehicles shall fail the evaporative system pressure test if the system cannot maintain a system pressure above 8 inches of water for 2 minutes after being pressurized to 14 +/- 0.5 inch of water or if no pressure drop is detected when the gas cap is loosened as described in this section. Additionally, vehicles shall fail the evaporative test if the canister is missing or obviously damaged, if hoses are missing or obviously disconnected, or if the gas cap is missing.
(b) Fuel filler (gas) cap test. The fuel filler (gas) cap test procedure shall be as follows:
(1) A fuel filler (gas) cap integrity test shall be performed on 1981 and newer vehicle either as part of the evaporative system pressure test or as a stand alone test.
(2) The stand alone test will be conducted using test equipment approved by the Department.
(3) If the fuel filler (gas) cap was tested using stand alone test equipment, the cap shall be pressurized to a pressure of 28 inches, +/- 1.0 inches.
(4) The flow shall be turned off and the decay or pressure monitored for up to 2 minutes.
(5) If at any time during the 2 minutes of the fuel filler (gas) cap test the pressure drops from the starting pressure by more than 6 inches of water, the test shall be terminated and the vehicle shall be determined to fail the fuel filler (gas) cap test. If the pressure does not drop more than 6 inches during the test, the vehicle shall pass the gas cap test.
(c) Subsequent test procedures and equipment approved by the EPA. If the EPA develops or approves other emission test procedures or equipment, including test procedures or equipment prescribed in this section, the Department may adopt the subsequently approved emission test procedures and equipment consistent with section 4706(e) of the Vehicle Code (relating to prohibition of expenditures for the Emission Inspection Program.
PA Enhanced Emissions Inspector Certification (E.E.I.C.) Item Details 12-hour State Specific Course * The student is required to take this course.
* This section contains information on both the low and high enhanced I/M programs.
* This section can be offered by PennDOT-approved educational institution using a PA Certified E.E.I.C. Instructor.Final Exam for the 12-hour State Specific Course * The final exam tests the student's knowledge of the subject areas covered in the course.
* The final exam will contain questions on both the low and high enhanced I/M programs.
* Individual final exam booklets with answer sheets will be provided by ASPIRE, Inc.
* Final exams must be administered by a PA Certified E.E.I.C. Instructor.
* Final exam booklets and answer sheets will be sent to ASPIRE, Inc. for automated scoring, reporting of test results to the institution/instructor, and database tracking of the student.Computer Based Training/Tactile Testing (CBT) * The student must complete the certification CBT program within 1 year of satisfactorily completing the 12-hour State Specific course.
* The practice version of the CBT program will train the student on the skills needed to perform an inspection along with requiring the student to practice these skills. The students will use the CBT as a self-study program to apply the knowledge learned during the 12-hour classroom training, to reinforce that knowledge, and to develop inspector skills through practice. They will prove their ability to perform an inspection by successfully completing the certification version of the CBT program.
* The certification version of the CBT can be administered by PennDOT-approved educational institutions.
* The CBT program will include training and testing on both the low and high enhanced I/M programs.
* ASPIRE, Inc. will provide the certification version of the CBT software at no additional charge to PennDOT-approved educational institutions.
* The student should successfully complete the practice version of the CBT before taking the certification version of the CBT.CBT Certification (continued) * The certification CBT will be designed to be completed by the students in approximately 30 minutes.
* Upon completion of the certification CBT program, a CBT data packet is sent to ASPIRE, Inc. for processing and database tracking of the student. The CBT data packet must include a valid PA Certified E.E.I.C. Instructor ID # and must be sent from a registered location.PA Certified Enhanced Emissions Inspector ID Card with bar coded ID # * A PA Certified Enhanced Emissions Inspector ID Card will be printed and mailed to each student who successfully completes the classroom training, final exam and the certification CBT program. Recertification CBT * Every 2 years the inspector must take a recertification CBT.
* The CBT can be administered by PennDOT-approved education institutions.
* ASPIRE, Inc. will provide the recertification version of the CBT software at no additional charge to PennDOT-approved education institutions.
* Upon completion of the recertification CBT program, a CBT data packet is sent to ASPIRE, Inc. for processing and database tracking of the student. The CBT data packet must include a valid PA Certified E.E.I.C. Instructor ID # and must be sent from a registered location.PA Certified Enhanced Emissions Inspector ID Card with bar coded ID # * A PA Certified Enhanced Emissions Inspector ID Card will be printed by ASPIRE, Inc. and mailed to each student who successfully completes the recertification CBT. 
CHAPTER 178. (Reserved) § 178.1. (Reserved). § 178.2. (Reserved). §§ 178.31--178.39. (Reserved). § 178.51. (Reserved). §§ 178.101--178.107. (Reserved). §§ 178.201--178.20-6. (Reserved). §§ 178.231--178.233. (Reserved). §§ 178.251--178.253. (Reserved). §§ 178.271--178.274. (Reserved). §§ 178.291--178.292. (Reserved). §§ 178.301--178.305. (Reserved). § 178.321. (Reserved). §§ 178.331--178.336. (Reserved). §§ 178.401--178.403. (Reserved). § 178.421. (Reserved). § 178.422. (Reserved). § 178.501. (Reserved). §§ 178.521--178.524. (Reserved). §§ 178.551--178.555. (Reserved). § 178.571. (Reserved). §§ 178.601--178.607. (Reserved). § 178.651. (Reserved). § 178.652. (Reserved). § 178.671. (Reserved). § 178.672. (Reserved). § 178.691. (Reserved). [Pa.B. Doc. No. 97-1582. Filed for public inspection September 26, 1997, 9:00 a.m.]
